Legal & Regulatory

It is the policy of Humphrey & Helfrich (“H&H”) to conduct business in an honest and ethical manner. As part of that, H&H takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships, wherever it operates, and implementing and enforcing effective systems to counter bribery.

H&H forbids all staff from offering or accepting bribes in any form – monetary or otherwise. A full copy of H&H’s Anti-Bribery Policy Statement is available upon request. Bribery and fraud may occur internally or externally and may be perpetrated by employees, clients, suppliers, contractors, service providers, agents or anyone else doing business with the group.

We reject bribery in any form and our clients and any other person with whom H&H interacts can be confident that we value our reputation very highly and that they are dealing with a company that will not risk damage to its reputation by getting involved in illegal or unethical business practices.

H&H will not, therefore, enter into any business relationship or engage in any activity if it knows or has reasonable grounds to suspect that a business relationship or activity is, in any way, connected with or facilitates bribery or fraud. We will actively cooperate with law enforcement authorities for the investigation and punishment of any act of bribery connected to H&H.

We reserve the right to terminate our contractual relationship with any client if we know or have reasonable grounds to suspect that the relationship or activity is, in any way, connected with or facilitates bribery or fraud or otherwise breaches our anti-bribery policy.

March 2024

At Humphrey & Helfrich (“the Company”), we believe that clients are better served by a more personal and accessible approach with an emphasis on understanding each client’s individual requirements. Consequently, when something goes wrong, we need you to tell us about it.  This will help us to improve our standard of service.

CLIENT DIRECTOR

It is the Company’s policy that at least one director will have overall responsibility for each matter (the “Client Director”). The Client Director relevant to you or your company is named in our letter of engagement sent to you. Please feel free to contact the Client Director in respect of any comments, concerns or other issues you have about the services provided.  

MAKING A COMPLAINT

Who should you complain to?

If for any reason you are unhappy with the service we have provided, we would encourage you to try and resolve the issue(s) informally, if practicable, by first contacting the person having day to day conduct of the file or the Client Director. If for whatever reason this isn’t practicable or your complaint is in respect of the Client Director you can contact another director to discuss the issue(s) further.

How should you complain?

Should your issue(s) be incapable of informal resolution, you should set it/them out in writing and direct your letter to The Managing Director, Humphrey & Helfrich Advocates, The Old Courthouse, Athol Street, Douglas, Isle of Man, IM1 1LD (email: complaints@humphreyandhelfrich.com).

The Company is committed to equal opportunities and we aim to make this Complaints Policy accessible to everyone. We will accommodate any reasonable adjustments you may need when raising a complaint and throughout the process.

What information should your complaint contain?

Please include in your letter:

• your full name and up to date contact details;
• your file reference number (if you have it);
• a detailed description of your complaint, explaining the issue(s) and how you were affected;
• how you would like your complaint to be resolved; and,
• evidence to support your complaint, including relevant dates, times and names which may assist in our investigation.

We cannot consider your complaint if:

• it is effectively the same as a previous complaint you have made which has been finalised; or,
• the complaint is made in a manner which is vexatious or is framed in an abusive manner.

WHAT WILL HAPPEN AFTER YOU HAVE MADE A COMPLAINT?

Should we have to change any of the timescales below, we will notify you in writing and provide a reasonable explanation for doing so.

1.  Acknowledgment of your complaint

We will acknowledge receipt of your complaint within 5 working days of receiving it. We will also send you a copy of this Complaints Policy for your reference.

If you send your complaint to us by post we recommend using a special delivery service to ensure you have confirmation that we have received it.

2. Dealing with your complaint

Once we have received your complaint, it will be passed to one of our directors who will be designated Complaints Director for the purposes of and with responsibility for the investigation of your complaint.

Investigation normally involves reviewing your file, speaking with those member(s) of the Company who acted for you, and, if appropriate, considering the best way forward based on your situation.

We may also need to ask you for further information or documents. If so, we will ask you to provide the information within a specific period of time.

We will update you on the progress of your complaint at appropriate times.

We may also, if appropriate, invite you to a meeting to discuss your complaint. You do not have to attend if you do not wish to or if you are unable to. We will be happy to discuss the matter with you by telephone or video conference.

We will write to you at the end of our investigation to advise you of our findings/the outcome and, if appropriate, tell you what we have done and what we propose to do to resolve your complaint. Where possible, we will aim to do this within 56 days of the date of our letter of acknowledgment.   

3. If you are unsatisfied with our response/proposals for resolution

You should contact us again and we will arrange for someone unconnected with the matter at the Company to review the decision. We will aim to write to you within 21 working days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.

Alternatively, you may consider the following:

Complaint to the Isle of Man Law Society (“IOMLS”)

If you are dissatisfied with our response/proposals for resolution or if we do not resolve your complaint within 56 days of the date of our letter of acknowledgment, you may refer your complaint to the IOMLS. Please see their complaints handling procedure IOM Law Society | Complaints.

The IOMLS offers a ‘Conciliation Service’ to enable you to make a complaint about poor standards of service, or any other informal complaint which you think might be capable of resolution between yourself and an advocate with the help of the IOMLS. Please note that this service cannot be used to challenge your bill or if we have informed you we will no longer act for you.

For more detail, you can contact the IOMLS by:

• Telephone:         +44 (0)1624 662910
• Post:                      Isle of Man Law Society, 13 Mount Havelock, Douglas, IM1 2QG
• Website:              www.iomlawsociety.co.im

Complaint to the Advocates Disciplinary Tribunal (“ADT”)

Alternatively, you may make a formal complaint to the ADT at any time about an advocate’s professional misconduct. The ADT is independent of the IOMLS.  The ADT’s website contains its Rules and Guidance:  www.courts.im/court-procedures/tribunals-service/tribunals/

We reserve the right to amend this Policy from time to time and will publish the current policy on our website; the policy applicable to your complaint will be the policy in effect on the date on which your written complaint is received by the Managing Director.

January 2026

We ask that you read this cookie policy carefully as it contains important information on who we are and our use of cookies or similar technologies on our website. This policy should be read together with our Privacy Policy (Humphrey & Helfrich | Legal & Regulatory) which sets out how and why we collect, store, use and share personal information generally, as well as your rights in relation to your personal information and details of how to contact us and supervisory authorities in the event you have a complaint.

Who we are

This website is operated by Humphrey & Helfrich Advocates Limited trading as Humphrey & Helfrich (a registered company with number 131896C).  

Our website

This cookie policy only relates to your use of our website: www.humphreyandhelfrich.com.          

Our website may link to other websites owned and operated by certain trusted third parties such as LinkedIn. These other third party websites may also use cookies or similar technologies in accordance with their own separate cookie polices. For privacy information relating to these other third party websites, please consult their cookie policies as appropriate.

Cookies

A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use our website. We use cookies on our website. These help us recognise you and your device and store some information about your preferences or past actions.

For example, we may monitor how many times you visit the website, which pages you go to, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users.  Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.

You can set your browser not to accept cookies and the websites below tells you how to remove cookies from your browser. However, some of our website features may not function as a result.

For further information on our use of cookies, including a detailed list of your information which we and others may collect through cookies, please see below.

Our use of cookies

We use cookies on this website to:

• recognise you whenever you visit this website (this speeds up your access to the website as you do not have to log in each time);
• obtain information about your preferences and use of our website;
• carry out research and statistical analysis to help improve our content, and to help us better understand our users’ requirements; and
• make your online experience more efficient and enjoyable.

For further information on cookies generally visit http://www.aboutcookies.org.uk or http://www.allaboutcookies.org

Types of cookies

The cookies we place on your device fall into the following categories:

• Session cookies—these allow our website to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards
• Persistent cookies—these are stored on your device in between browser sessions. These allow your preferences or actions across our website to be remembered. These will remain on your device until they expire, or you delete them from your cache
• Strictly necessary cookies—these cookies are essential for you to be able to navigate our website and use its features. Without these cookies, the services you have asked for could not be provided
• Performance cookies—these cookies collect information about how you use our website, e.g. which pages you go to most often. These cookies do not collect personally identifiable information about you. All information collected by these cookies is aggregated and anonymous, and is only used to improve how our website works
• Functionality cookies—these cookies allow our website to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites

Consent to use cookies

We will ask for your permission (consent) to place cookies or other similar technologies on your device, except where these are essential for us to provide you with a service that you have requested (e.g. to enable you to put items in your shopping basket and use our check-out process).

There is a notice on our home page which describes how we use cookies and requests your consent to place cookies on your device.

How to turn off cookies

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this website. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/

How to contact us

Please contact our Data Protection Manager, if you have any questions about this cookie policy or the information we hold about you.

If you wish to contact our Data Protection Officer please send an email to dataprotection@humphreyandhelfrich.com, write to Humphrey & Helfrich, The Old Courthouse, Athol Street, Douglas IM1 1DL; or Call +44 (0)1624 651951.

Do you need extra help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see ‘How to contact us’ above).

Changes to this policy

This policy was published on 05/08/2019 and last updated on 18/02/2022. We may change this policy from time to time, when we do we will inform you via our website.

1.        Introduction

1.1 Humphrey & Helfrich Advocates Limited (“Humphrey & Helfrich”) are committed to protecting any personal information you give to us in compliance with Isle of Man and European data protection laws.  This includes the terms of use of the website we own and operate:

www.humphreyandhelfrich.com

1.2     This Privacy Policy (Privacy Policy) describes how, Humphrey & Helfrich, as the data controller, collects, uses, and shares your personal information and your rights in relation to our website.

2.        Scope of this Privacy Policy

2.1     This Privacy Policy applies to:

i. Your use of our services, including your right to request information from us and when you engage Humphrey & Helfrich for the provision of legal service

ii. Your use of our website

iii. Third parties instructed in connection with our provision of legal services to you

iv. Contractors and suppliers with whom we contract for the purposes of managing and running our business

2.2 This Privacy Policy describes:

(a) The types of personal information we process (including financial information)

(b)  How we use the personal information

(c) How long we retain personal information

(d) How we share the personal information

(e) How we protect and store the personal information    

(f) You and your rights

(g) How to contact us

3.      Data controller

3.1 Humphrey & Helfrich is the trading name of Humphrey & Helfrich Advocates Limited (a registered company with number 131896C) and is the data controller responsible for your personal information.

3.2     We have appointed a Data Privacy Manager who will deal with any questions you may have in reference to this Privacy Policy including any requests to exercise your rights.  Our Data Privacy Manager’s contact details can be found below.

4.       Third Party Links

Our website may include links to third-party websites, plug-ins and applications (such as LinkedIn).  By clicking on the links to those websites you may allow that website to collect or share information about you.  We do not control the third-party websites and are not responsible for their privacy policies.  We recommend that you read the privacy policy of any website you visit.

5.       The types of personal information we collect

5.1     Personal information is information from which you can be identified and does not include information where details that identify you have been removed (anonymous information).

5.2     We may collect, use, store and share personal information about you such as:-

5.2.1   Name, address, telephone number, email address, and other information we need to have so that we can provide our legal services to you;

5.2.2   Bank information so that we can process payments to and from you, including our bills;

5.2.3   Information about how you use our website.  This includes the pages you have looked at, how quickly the website responds and how long you used our website for;

5.3     The personal information above may be current and/or historical including/relating to: your name, contact details, identification, ethnic origin, marital status, employment/business, finances, academic history and criminal offences/convictions (this is not a complete list of information that may be collected, the information is non-exhaustive and depends on the circumstances).

5.4     Some of the personal information (such as race, ethnic origin, finances, identification documents and criminal offences/convictions) is classed as “Special Category” sensitive information.  This type of information may be collected so we can provide our legal services to you and requires a higher degree of protection.  

6.       Other peoples’ personal information

If, in addition to your personal information, you may give us personal information about other people (such as your family, advisers, suppliers or people who work for you) you should make sure they understand how their personal information will be used, that you have their permission to give it to us, and allow us to use their personal information.

7.       If you fail to give us your personal information

Some of the personal information we ask for we have to have by law and by the regulations that we are required to follow, before we can agree to provide our legal services to you.  If you do not provide the personal information we have asked for we may not be able to provide you with the legal services you have requested.

8.        How we collect your personal information

8.1     We collect personal information from and about you when:

          8.1.1   You, or the company you work for, give us personal information referred to in 5 above;

          8.1.2   When you send us a letter or email, or telephone us;

          8.1.3   You use our website or social media account (LinkedIn); and

          8.1.4   You have a placement, or complete a job application form

8.2     If you use our website we may automatically collect information about your computer and browsing.  This information is collected because our website uses cookies.  For more information about cookies see our Cookie Policy.

8.3     Other people, third parties, may give us personal information about you, because you have asked them to (such as your bank or doctor) or we have obtained the personal information from public records such as the Land Registry, Google or LinkedIn, or court records.

9.        How and why we use your personal information

9.1     Your personal information will only be used for the service you have requested from us.

9.2     We may use your personal information if:

(a)      It is necessary for the performance of our contract with you or our client on your behalf (e.g. when we are providing our services to you as detailed in our engagement letter);

(b)     It is necessary when we have to comply with a legal obligation or regulations (e.g. when we carry out anti-money laundering and conflict checks);

(c)      You have provided your consent to such use (e.g. you have approved the use of a specific third party to assist on your matter);

(d)      We consider such use of your personal information as not detrimental to you, is within your reasonable expectations, having minimal impact on your privacy, and necessary to fulfil our legitimate interests (e.g. to attend court hearings to represent you, make appointments on your behalf, to manage fees and invoicing, or to recover money owed to us); or

(e)       We are otherwise required or authorised by law.

9.3    We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.

9.4   Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

9.5     We also use your personal information to:

(a)      fulfil our legal requirements (including in relation to anti-money laundering) and professional obligations

(b)     Where we need to perform the contract we are about to enter into or have entered into with you

(c)      Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

10.     How long we retain personal information

10.1    We recognise that it is important to only retain your personal information for as long as is necessary to fulfil the reason we collected it which includes complying with legal and regulatory obligations and accounting requirements. 

Details of our retention periods for different aspects of your personal information are available in our retention policy a copy of which can be obtained by contacting us, via the contact details below.

When an applicable retention period expires we will securely destroy your personal information in line with applicable laws and regulations.

11.     How we share personal information

11.1    We may share your personal information with third parties where:

(a) you have provided consent

(b)  we are under a legal, regulatory or professional obligation to do so (for example, in order to comply with anti-money laundering requirements)

(c)  it is necessary for the purpose of, or in connection with, legal proceedings, or to exercise or defend legal rights

12.     Protection and storage of personal information

12.1    We hold personal information securely in electronic or physical form and prevent any unauthorised access, modification or improper disclosure.

12.2    Information relating to client’s matters is stored in the following ways:

(a) Paper files in secured filing cabinets

(b) Electronic files, having a reference on a password protected integrated computer network

(c) Secure off-site outsourced storage

12.3    Our information security practices are supported by a number of security safeguards, processes and procedures. We store information in access controlled premises or in password protected electronic form. We require our third party IT providers to comply with appropriate information security to industry standards. All staff and third party providers with access to confidential information are subject to confidentiality obligations.

13.     You and your legal rights

13.1    You have certain rights, regarding the personal information we have collected about you.  You can, in certain circumstances, request the following in connection with your personal information:

(a) Request access to your personal information that we hold.  This is a subject access request which enables you to get copies of the personal information  we hold to check it is correct and that we are processing it lawfully;

(b) Request correction of your personal information, so that any incomplete or inaccurate personal information  is corrected;

(c) Request erasure of your personal information by asking us to delete or remove your personal information where there is no good reason for us having that personal information.  You can also ask us to delete or remove your personal information when you exercise your right to object to processing see (d);

(d) Object to processing of your personal information where we rely on a legitimate interest (or those of a third party) and there is something about your circumstances which make you want to object to processing on this ground,  You can also object where we process your personal information for direct marketing purposes;

(e) Request a restriction of processing of your personal information.  You can ask us to suspend our processing of your personal information for example if you want to establish its accuracy or why it is being processed;

(f) Request transfer of your personal data to another party;

We would encourage you to contact us to update or correct your personal information if it changes or if you believe that any personal information that we have collected about you is inaccurate or in connection with your rights detailed above, by emailing us at: 

dataprotection@humphreyandhelfrich.com.

13.2    You will not have to pay if you wish to exercise your rights above provided such a request for access is not unfounded or excessive.  If it is unfounded or excessive then we may charge a reasonable fee or refuse to comply with your request in certain circumstances.

13.3    If you do exercise your rights we may request specific information from you to help us identify you and check your right to access the information, or other rights.  This is a security measure to ensure we only disclose your personal information to those who have a right to receive it.  

13.4    If you have given us your consent to collect, process or transfer your personal information for a specific reason, you have the right to withdraw your consent for that reason at any time.  If you wish to withdraw your consent please contact our Data Privacy Manager at dataprotection@humphreyandhelfrich.com  When we receive your notification withdrawing consent we will no longer process your personal information for the purpose or purposes you originally consented to.

14.      Complaints

14.1    You can make a complaint to us if you disagree with the way we use your personal information, please contact our Data Privacy Manager at dataprotection@humphreyandhelfrich.com in the first instance.

14.2    If we have not addressed your complaint adequately you have a right to complain to the Information Commissioner, whose contact details are:

Website:        https://www.inforights.im/

Telephone:    01624 693260

Address:        Isle of Man Information Commissioner,

P.O. Box 69,

Douglas,

Isle of Man, IM99 1EQ   

15.     How to contact us

15.1    If you would like to contact us with questions about our privacy practices, please contact our Data Privacy Manager at:  dataprotection@humphreyandhelfrich.com

By post:        

Data Privacy Manager,

Humphrey & Helfrich,

The Old Court House,

Athol Street, Douglas,

Isle of Man, IM1 1LD

 Telephone:     +44 (0)1624 651 951

16.     If you are a data controller or a data processor

16.1    If you are a data controller or a data processor in your own right, and you provide personal data to us, you confirm to us that you have a lawful basis for doing so under data protection law and all necessary consents, where required.

17.     Changes to this privacy policy

17.1    This is a living document which we may update from time to time and place on our website.

The Privacy Policy was last reviewed February 2022.

Issued January 2025

1 Our contract with you
1.1 These Terms of Business (as updated from time to time) apply to all work we do on your behalf. It is an important document—please read and keep it in a safe place for future reference.
1.2 Each time you instruct us on a new matter we will send you a letter confirming your instructions and setting out the scope of the work we will carry out for you, our fees and individual contact details. This is called the Engagement Letter. These Terms of Business should be read together with the Engagement Letter—together they form the Contract between us.
1.3 If there is any inconsistency between our Terms of Business and the Engagement Letter, the Engagement Letter will take priority.
1.4 Although your continuing instructions in this matter will amount to your acceptance of these Terms of Business, we ask that you sign, date and return one copy for our file.
1.5 Unless otherwise agreed, these Terms of Business will apply to all future instructions you give us on this or any other matter.
1.6 These Terms of Business are subject to change from time to time and are updated on our website. We will however give you written notice of any changes and your continued instructions after such notice will confirm your acceptance of the amended terms of business.
1.7 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of the Isle of Man and the courts of the Isle of Man shall have exclusive jurisdiction to deal with any such dispute or claim.
1.8 You may not assign all or any part of the benefit of, or your rights and benefits under, the Contract.
1.9 If any provision of the Contract shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable, such provision shall, to the extent required, be deemed to be severed from the Contract and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances or the validity or enforcement of the Contract.
1.10 If you require a copy of these Terms of Business in larger print please contact us.

2 About us
2.1 Humphrey & Helfrich Advocates Limited trading as Humphrey & Helfrich is a company incorporated in the Isle of Man with registered number 131896C. Its registered office is at The Old Courthouse, Athol Street, Douglas, Isle of Man, IM1 1LD.
2.2 You can find further contact details for our offices on our website at www.humphreyandhelfrich.com/contact/
2.3 Humphrey & Helfrich Advocates Limited is an Advocates Incorporated Practice recognised and regulated by the Isle of Man Law Society, 13 Mount Havelock, Douglas, Isle of Man, IM1 2QG (http://iomlawsociety.co.im/)
2.4 We are registered for VAT purposes. Our VAT registration number is 003191035.
2.5 Where we say ‘we’, ‘us’ or ‘our’ in these Terms of Business, we mean Humphrey & Helfrich Advocates Limited trading as Humphrey & Helfrich and not any individual director or staff member employed by Humphrey & Helfrich Advocates Limited.
3 About you
3.1 Where we say ‘you’ or ‘your’ in these Terms of Business, we mean the client identified in the Engagement Letter and anyone authorised to give instructions on that client’s behalf.
3.2 If you are a company, partnership or organisation, we shall be entitled to act upon the instructions of any of your apparently authorised employees or agents and to rely upon any information provided to us by such employees or agents.
3.3 If you comprise more than one person:
3.3.1 your obligations under the Contract are joint and several, meaning that they might be enforced against all or any of you; and
3.3.2 we shall, unless otherwise instructed in writing, be entitled to act upon the instructions of any one or more of you.
3.4 Instructions may be given to us in writing (including by email) or verbally, but we reserve the right to request that verbal instructions are confirmed in writing. Should your instructions change you must notify us immediately.

4 Our responsibilities and your responsibilities 

5 Scope of our legal services
5.1 The scope of the services we will provide is set out in the Engagement Letter.
5.2 We will provide legal advice and services to you with reasonable care and skill. However, the nature of many types of legal work means that it is not possible to guarantee a particular outcome.
5.3 As Manx Advocates we only advise on Manx law, jurisdiction and procedure and, unless otherwise agreed in writing, we do not advise on the laws of any other jurisdiction.
5.4 We will not advise on surveying, valuation, commercial viability, trading or marketability issues. We only advise on climate risk and climate-related legal issues when we have expressly agreed in writing to do so. We do not provide financial services or advice.
5.5 Any matter in relation to which we act for you may give rise to tax and/or accountancy implications in the Isle of Man or elsewhere. Unless expressly agreed otherwise in writing, we do not provide any tax or accountancy advice and, in particular, we do not provide advice on the possible tax implications or consequences in the Isle of Man or elsewhere in connection with any matter or generally. You must ensure that you comply with your taxation and accountancy obligations and it is your responsibility to instruct accountants/tax advisers to advise you upon and deal with all issues relating to tax and accounting arising in respect of or in connection with any matter or generally.
5.6 Our advice will be based upon and dependent upon the instructions, information and documentation supplied by you or on your behalf. We will not be responsible for any consequences which may arise from a delay or failure by you or any other person to give us the instructions, information or documentation which we require.
5.7 By instructing us to act on any matter we are authorised to take any necessary or reasonable steps to protect your interests in that matter, unless you instruct us to the contrary, but we will not be liable for any failure to take such steps where we are not expressly instructed to do so by you in a timely manner.
5.8 We cannot advise you upon the merits of any transaction that you may be entering into and you will be responsible for any commercial decisions you make.
5.9 Any failure, delay or omission by us to exercise any of our rights or remedies pursuant to these terms and conditions of business or provided by law will not affect that right or remedy or act as a waiver of it.
5.10 If you ask us to obtain advice from counsel, another law firm or another professional firm, such counsel or firm will be responsible for the service and advice they provide.
5.11 Unless otherwise agreed in writing, our advice and any documents we prepare:
5.11.1 are for use only in connection with the specific matter on which we are instructed, can only be relied on by you; and
5.11.2 reflect the law in force at the relevant time.

6 Service standards
6.1 We are normally open between 9.00 am and 5.30 pm from Monday to Thursday and from 9.00 am to 5.00 pm on Friday. We may be able to arrange appointments outside of these hours, in cases of emergency. We are closed on all bank holidays.
6.2 It is our policy that at least one director will have overall responsibility for each matter (the “Client Director”). The Client Director relevant to you or your company is named in the Engagement Letter.
6.3 Your instructions will be carried out at a level appropriate to the complexity of the matter with a view to providing an efficient and economic service. As such the Client Director may not have day to day conduct of your file and will act in a supervisory capacity where work can be properly delegated to someone who charges less for their time.
6.4 We will update you by telephone or in writing (including by email) with progress on your matter regularly and explain to you the legal work required as your matter progresses.
6.5 We will update you at appropriate intervals on the likely timescale for each stage of your matter and any important changes in those estimates. Whenever there is a material change in circumstances associated with your matter, we will update you on whether the likely outcomes still justify the likely costs and risks.
6.6 We will update you on the cost of your matter at the intervals set out in the Engagement Letter. If appropriate, we will continue to review whether there are alternative methods by which your matter can be funded.
6.7 We are committed to acting in a way that encourages equality, diversity and inclusion in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.

7 Our liability to you
7.1 The Contract is solely with Humphrey & Helfrich Advocates Limited which has sole legal liability for the work done for you and for any act or omission in the course of that work. No representative, member, director, officer, employee, agent or consultant of Humphrey & Helfrich Advocates Limited, will have any personal legal liability for any loss or claim.
7.2 Unless expressly agreed otherwise, in writing:
7.2.1 we do not owe, nor do we accept, any duty to any person other than the client identified in the Engagement Letter; and
7.2.2 we do not accept any liability or responsibility for any consequences arising from reliance on our advice by any person other than you.
7.3 We are not responsible for any failure to advise or comment on matters falling outside the scope of our instructions, as set out in these Terms of Business and the Engagement Letter.
7.4 Our maximum liability to you (or any other party we have agreed may rely on our services) in relation to any single matter or any group of connected matters which may be aggregated by our insurers will be £5,000,000 including interest and costs unless we expressly state a different figure in the Engagement Letter.
7.5 We will not be liable for:
7.5.1 losses that were not foreseeable to you and us when the Contract was formed;
7.5.2 losses not caused by any breach on our part or caused by circumstances beyond our control; and
7.5.3 business losses, including losses sustained by any individual not acting for the purposes of their trade, business, craft or profession.
7.6 Nothing in these Terms of Business shall exclude or restrict our liability in respect of:
7.6.1 death or personal injury caused by our negligence;
7.6.2 fraud or fraudulent misrepresentation;
7.6.3 any losses caused by wilful misconduct or dishonesty;
7.6.4 any other losses which cannot be excluded or limited by applicable law.

8 Our fees and charges
8.1 You are liable to pay legal costs as set out in the Engagement Letter.
8.2 Our charges are calculated on a time spent basis with reference to the applicable hourly rates of the fee earner(s) dealing with your matter. Time spent will include, but not be limited to, meetings with you, other professional advisers, or witnesses including preparation time, considering, preparing and amending documents, legal research, correspondence (including e-mails), telephone conversations, carrying out searches, enquiries and inspections, all preparation work and attendance at Court and travel.
8.3 Our hourly rates are broken down into six-minute units at the hourly rate applicable to the relevant fee earner(s). The time spent on a specific activity will be rounded up to the nearest full six minute unit.
8.4 We shall charge for work carried out by us on a matter, even if we do not complete it or the matter does not proceed to completion. Your liability for our charges and expenses (please also see section 9 (Expenses)) commences from the moment that we are instructed and covers any work rendered or initial advice which we may give as well as any subsequent work that we carry out pursuant to that advice.
8.5 Any estimate or quotation that we give is based on the scope of work set out in the Engagement Letter. Any estimate given is for guidance purposes only and is not a fixed or capped fee unless specifically agreed in writing. If the matter exceeds the scope of work set out in the Engagement Letter for any reason, we will revisit our estimate or quotation as soon as practicable after the extent of such additional work becomes apparent.
8.6 The hourly rate(s) applicable to your matter are set out in the Engagement Letter. We reserve the right to review our charges from time to time and will notify you of any changes prior to their implementation.
8.7 VAT, if applicable, will be added to our charges and disbursements/expenses at the appropriate rate.

9 Expenses
9.1 In addition to our charges, we will charge for any expenses (sometimes called disbursements) that we reasonably incur or pay on your behalf, such as counsel’s fees, company or deed registration fees, travel expenses and telephone and photocopying (routine as well as exceptional) charges. We shall be entitled to make an additional charge for any bank fees such as for electronic transfers, details of which will be provided to you.
9.2 We will endeavour to obtain your approval before incurring any significant expenses or disbursements but where this is not practicable such expenses or disbursements will be deemed to have been reasonably incurred and be recoverable from you.
9.3 By instructing us to act on any matter we are authorised to incur reasonable expenses on your behalf.
9.4 In circumstances where we instruct counsel, lawyers from other jurisdictions or experts (for example doctors, surveyors, architects etc.) to act on your behalf, we do so as your agent and you will be responsible for their fees, costs and any applicable tax.
9.5 We will usually require funds in advance before incurring an expense, please see section 11 (Payment on Account of Costs) for further information. If we do not hold funds on account to cover expenses incurred these will be added to your next bill or we will send you a separate bill covering those expenses.

10 Billing
10.1 Whilst we are entitled to raise a bill for work carried out or expenses incurred at any time, our general policy is to deliver bills at regular intervals and/or on completion of a matter. We may deliver our bills to you electronically. Please let us know if you have any particular requirements for the delivery or timing of our bills.
10.2 If we are instructed by more than one person, liability for our fees, expenses and VAT will be joint and several and we may recover the full amount of our invoice from any one or more of those persons individually or together.
10.3 Our bills become due for payment within 1 month and in the currency in which they are submitted.
10.4 Please inform us if you would like a third party to be responsible for paying our bills or any part of them. We must approve this in advance and we will need the party’s name, contact details and any other information or identification documents we request. It is your responsibility to pay our bills even if someone else has agreed to pay some or all of them and our bills will still be addressed to you. If someone else does pay some of our bills, you are responsible for paying the rest. Where some of our fees may be recoverable in litigation, the responsibility for the prompt payment of our bills still rests with you and our bills will be addressed to you.
10.5 We may charge interest on bills which have not been paid within 1 month of being issued calculated on a daily basis at 4% above the base rate from time to time of the Bank of England.
10.6 We may cease acting for you if an interim bill remains unpaid after 1 month. Further, we are entitled to retain any papers and documents of yours or which we hold on your behalf until all our bills are paid.
10.7 If you have any query about our bill, please contact the person responsible for the matter or our accounts department as soon as you can.
10.8 You have the right to challenge or complain about our bill. Please see section 20 (Complaints) for details of how to complain about our bill.
10.9 You have the right to challenge our bill under section 23 of the Advocates Act 1995 by seeking the assessment of our fees by either the Chief Registrar (if the matter involves court proceedings) or an independent assessor appointed by the Isle of Man Law Society (on any matter). The usual time limit for applying for assessment of fees is six months from the date that our bill is delivered to you. You agree that any such assessment will be on the basis of the agreed billing rates set out in the Engagement Letter and not on the basis of the Advocates Scale of Fees. Please see section 13 (Costs Assessment) for further information on assessment of costs.

11 Payment on Account of Costs
11.1 We may at any time ask you for a payment on account of costs before we carry out work on a matter. In particular, we may do this because of the possible fees and expenses involved. This money will be paid to our client account (please see section 17 (Banking and related matters)), and will not be withdrawn until we deliver a bill to you or incur any expenses on your behalf when it will be applied in payment. A request for payment on account is not an estimate of (or cap on) any fees, expenses, disbursements or VAT. If this payment is not made to us within a specified time, we may terminate or suspend work on your matter.
11.2 If you have made a payment on account of costs, we may deduct our bill from the amount held on our client account immediately after our bill is issued.

12 Recoverable costs in court action
12.1 If your matter involves court proceedings, at the conclusion of the case, and in the event that you are successful, you may be entitled to the payment of your costs by another party. You should, however, be aware that it is unlikely that you will recover the full amount that you have been billed by us. This is because our charging rates may not be recoverable in full from the other party who may insist on assessment of the bill under the costs assessment process (please see section 13 (Costs Assessment)). This does not relieve you from paying our invoice in full.
12.2 If you lose the case you will not only have to pay your own costs to us, but the Court will probably order you to pay a contribution to the other side’s costs. If the amount of this contribution cannot be agreed, it is fixed by the Court under the cost assessment process (please see section 13 (Costs Assessment)).

13 Costs Assessment
13.1 If your matter involves court proceedings and a bill is to be assessed under the costs assessment process, a draft bill will be prepared on behalf of the person who has the benefit of the costs order. The draft bill will itemise all work done generally on a time basis. The draft bill will be sent to the advocate for the person who has been ordered to pay the costs to ascertain whether the costs can be agreed. If agreement cannot be reached at this stage, then the draft bill will be sent to the assessing officer along with the file. The assessing officer will examine the draft bill and the file and will take into account any written submissions made by each party or their advocate. The assessing officer will then fix the amount to be paid pursuant to the costs order. The court charges a commission of 10% of the amount assessed. The decision of the assessing officer is subject to review or appeal in certain limited circumstances.
13.2 If the costs are not paid after they have been fixed by the court, then the person who has the benefit of the costs order can ask the court to issue execution for the full amount of the costs which will then be passed to the Coroner (the court’s enforcement officer) who will seek to enforce the execution. The Coroner also charges a fee which will be the responsibility of the person who has been ordered to pay the costs, although in the event that the Coroner is unable to enforce the costs execution a small fee will be payable by the judgment creditor.
13.3 If the Isle of Man Law Society carries out a cost assessment of our bill they will also charge a commission of 10% of the amount assessed. Unless the bill is reduced by a significant amount, this 10% fee will be payable by you.

14 Alternative Funding including Legal Aid
14.1 We are obliged to explore with you other means by which you may meet costs. Whilst we are not permitted under Manx law to work on a contingency fee basis (i.e. ‘no win – no fee’), you may have the benefit of before the event (BtE) legal insurance cover and we would strongly recommend that you explore this thoroughly before instructing us. If you do have the benefit of BtE, you will need to obtain clearance from your insurer before instructing us. Even if you have legal expenses insurance, you will have to counter-sign this letter to ensure that we can recover costs on both your behalf and that of your insurer should you be successful.
14.2 We do not act in legal aid cases. By instructing us you confirm that you have explored your eligibility for legal aid and legal advice and assistance under the Legal Aid Act 1986 and that you are not eligible to either. If you are in any doubt whatsoever about your eligibility for legal aid and legal advice and assistance do not instruct us until this has been resolved.

15 Confidentiality
15.1 We will keep your information confidential, unless:
15.1.1 you consent to the disclosure of that information;
15.1.2 disclosure of the information is required or permitted by law or regulatory requirements that apply to us; or
15.1.3 these Terms of Business state otherwise.
15.2 Examples of organisations we may be required to disclose your information to include (but are not limited to):
15.2.1 the Isle of Man Financial Intelligence Unit;
15.2.2 the Isle of Man Law Society; and
15.2.3 the Isle of Man Financial Services Authority.
15.3 Unless you instruct us otherwise, we may contact you or others by email. We deploy a range of information security measures, but we cannot guarantee the security of information or documents sent by email. If you do not wish us to communicate information by email, please let us know.
15.4 We will only send business related emails to you from @humphreyandhelfrich.com domain address and our website is www.humphreyandhelfrich.com. If you receive an email claiming to be from us that does not match the above domain name or website URL please contact us by telephone immediately.
15.5 Sometimes we may ask other companies or people to provide administrative support, such as photocopying, on our files to help us deliver efficient, cost effective legal services.
15.6 We may also ask other companies or people to provide specific business and compliance support, for example:
15.6.1 cloud based IT services;
15.6.2 anti-money laundering compliance consultancy;
15.6.3 accountancy; and
15.6.4 identification and verification services.

15.7 We ensure all outsourcing providers operate under service agreements that are consistent with our legal and professional obligations, including in relation to confidentiality. Information on outsourcing in relation to your personal data is set out in our Privacy policy— please see section 16 (Privacy and data protection).
15.8 External organisations such as the Information Commissioner’s Office and the Isle of Man Law Society may conduct audit or quality checks on our practice from time to time. They may wish to audit or quality check your file and related papers for this purpose. We will require that these external organisations maintain confidentiality in relation to any files and papers which are audited or quality checked.
15.9 Please also see section 17 (Banking and related matters), section 18 (Prevention of money laundering, terrorist financing and proliferation financing) and section 19 (Professional Indemnity Insurance).

16 Privacy and data protection
16.1 We use your personal data primarily to provide legal services to you, but also for related purposes such as administration, billing and record keeping and to inform you of our services and events that we think may be of interest to you.
16.2 Our use of your personal data is subject to your instructions, the Data Protection Act 2018, the Data Protection (Application of the GDPR) Order 2018 (IOM GDPR), the adapted text of the EU General Data Protection Regulation (EU GDPR), other relevant Manx legislation and regulations and our professional duty of confidentiality.
16.3 We take your privacy very seriously. Our Privacy policy contains important information on how and why we collect, process and store your personal data. It also explains your rights in relation to your personal data. The Privacy policy is available on our website at Humphrey & Helfrich | Legal & Regulatory, but please contact us if you would like us to send a copy to you or if you would prefer us to explain our Privacy policy verbally.
16.4 We may record telephone calls and monitor emails for training, regulatory and compliance purposes.
16.5 We use third party service providers (including ‘cloud’ service providers) to help us deliver efficient, cost effective legal services. This may include document/information hosting, sharing, transfer, analysis, processing or storage. We ensure all third party service providers operate under service agreements that are consistent with our legal and professional obligations, including in relation to confidentiality, privacy and data protection. If you instruct us to use an alternative provider for storing, sharing or exchanging documents/information, we are not responsible for the security of the data or the provider’s security standards.
16.6 We may use your personal data to send you updates about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services. You have the right to opt out of receiving promotional communications at any time, by:
16.6.1 contacting us by email at: dataprotection@humphreyandhelfrich.com or
16.6.2 unsubscribing in the manner described in one of our communications to you.

17 Banking and related matters
17.1 Our client account
17.1.1 Any client money which we hold on your behalf will be deposited in either a designated client account or a pooled client account with a bank or building society regulated by the Isle of Man Financial Services Authority (FSA).
17.1.2 In order to operate a client account, a bank will be required to satisfy itself that our anti-money laundering, counter-terrorist financing and counter-proliferation financing procedures are compliant and will carry out checks from time to time for this purpose. Such checks may involve the production of certain of your personal data and documents to the bank. We will require that any such bank maintains confidentiality in relation to any information which is checked in this manner.
17.2 Changes to our bank details
We will never tell you about changes to important business information, such as bank account details, by email. Please inform us immediately if you receive any email or other communication purporting to be from the firm stating that we have changed our bank details or payment arrangements. If you ignore this warning and send monies to an account other than one held by us, we will not be liable for any losses.
17.3 Payment of interest
17.3.1 We will pay a fair sum of interest to clients or third parties on client money we hold on their behalf.
17.3.2 We will not pay interest where we are not required to pay it pursuant to the Advocates Accounts Rules 2008 including, but not limited to:
(i) where the amount of interest is less than £20;
(ii) where we agree, in writing, with you or the third party for whom the money is held not to pay interest.
17.3.3 Please ask us if you would like a copy of the Advocates Accounts Rules 2008 or wish to discuss the payment of interest further.
17.4 Bank failure
We are not liable for any loss or damage which may be suffered by you consequent upon the liquidation, suspension or loss of licence or other failing of any bank or building society where your client monies may be held from time to time.
17.5 Bank delays
We are not liable for any loss or damage which may be suffered by you consequent upon any delay or failure of any bank or system to process payments or receipts in a timely manner or that is otherwise outside of our control.
17.6 Receiving and paying funds
17.6.1 Our policy is not to accept cash from clients. If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we decide are necessary to establish the source of the funds and this could also cause delays.
17.6.2 If we receive money in relation to your matter from an unexpected source, there may be a delay in your matter and we may charge you for any additional checks we decide are necessary.
17.6.3 Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.
17.6.4 If we are to transfer funds to you at any time, it is our policy only to do this after authenticating bank account details with you in person or by a telephone call initiated by us and using the agreed contact number you provide to us at the outset of the matter.
17.6.5 We reserve the right to require evidence, such as bank statements, as further verification of bank account details.
17.6.6 We shall not be liable for delays as a result of this due diligence and expect full cooperation and timely responses from you in validating or refuting such instructions.

18 Prevention of money laundering, terrorist financing and proliferation financing
18.1 To comply with anti-money laundering, counter-terrorist financing and counter-proliferation financing requirements, we are likely to ask you for proof of your identity and we may conduct searches or enquiries for this purpose. We may also be required to identify and verify the identity of other persons such as directors or beneficial owners. If you or they do not provide us with the required information promptly, your matter may be delayed.
18.2 You agree that we may make checks using online electronic verification systems or other databases as we may decide.
18.3 You must not send us any money until we have told you these checks have been completed.
18.4 We will charge you for these identification and verification checks — we will confirm the cost in our Engagement Letter.
18.5 We may ask you to confirm the source of any money you have sent us or will send us. If you do not provide us with that information promptly, your matter may be delayed.
18.6 Any personal data we receive from you for the purpose of preventing money laundering, terrorist financing or proliferation financing will be used only for that purpose or:
18.6.1 with your consent;
18.6.2 supplied to our bank to comply with its own regulatory obligations (please see section 17.2 (Our client account)); or,
18.6.3 as permitted or required by or under another enactment.
18.7 We are professionally and legally obliged to keep your affairs confidential. However, we may be required by law to make a disclosure to the Isle of Man Financial Intelligence Unit where we know or suspect that a transaction may involve money laundering, terrorist financing or proliferation financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.
18.8 Subject to section 7 (Our liability to you), we shall not be liable for any loss arising from or connected with our compliance with any statutory obligation, or reasonable belief we may have, to report matters to the relevant authorities under the provisions of the money laundering, terrorist financing and/or proliferation financing legislation.

19 Professional indemnity insurance
19.1 We have professional indemnity insurance giving cover for claims against us. Details of this insurance, including contact details of our insurer and the territorial coverage of the policy can be provided on request.
19.2 It is a condition of our professional indemnity insurance that we notify our insurer and/or broker of any circumstances which may give rise to a claim against us. In doing so, we may disclose documents and information to our insurer, broker and insurance advisers on a confidential basis. Our insurers and brokers are contractually obliged to keep all information we pass to them strictly confidential.

20 Complaints
20.1 We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we have provided you should inform us immediately so we can do our best to resolve the problem.
20.2 In the first instance it may be helpful to contact the person who is working on your case or your Client Director to discuss your concerns and we will do our best to resolve any issues. If you would like to make a formal complaint, you can read our complaints policy at the following link: Humphrey & Helfrich | Legal & Regulatory or a copy can be provided on request. Making a complaint will not affect how we handle your matter.

21 Terminating your instructions
21.1 You may terminate our appointment at any time by giving us notice in writing. We can keep all your papers and documents while there is still money owed to us for our charges or disbursements.
21.2 We will only decide to stop acting for you with good reason, e.g. (without limitation) where we feel that the relationship has broken down, if you do not pay a bill, if you provide us with misleading information, if you act in an abusive or offensive manner or in other circumstances provided for in these Terms of Business. We will give you reasonable notice (according to the circumstances) before we stop acting for you.
21.3 If you or we decide that we should stop acting for you, we will charge you for the work we have done and, where appropriate, for transferring the matter to another adviser if you so request. This will be calculated on the basis set out in the Engagement Letter.
21.4 We are not responsible for reminding you about important dates and/or any deadlines after our appointment has been terminated.

22 Bribery
22.1 We will not enter into any business relationship or engage in any activity if we know or have reasonable grounds to suspect that a business relationship or activity is, in any way, connected with or facilitates bribery or fraud.
22.2 We reserve the right to terminate our contractual relationship with you if we know or have reasonable grounds to suspect that the relationship or activity is, in any way, connected with or facilitates bribery or fraud or otherwise breaches our anti-bribery policy.
22.3 We also reserve the right to terminate any contractual relationship with anyone undertaking work on our behalf if they breach our policy in relation to bribery.
22.4 A copy of our anti-bribery statement can be provided on request or found at the following link: Humphrey & Helfrich | Legal & Regulatory.

23 Conflicts of interest
23.1 It is possible that actual or potential conflicts between your interests and those of another client may arise. If any such conflict of interest does occur, we will aim to discuss the position with you as soon as we are aware of the situation and attempt to agree an appropriate course of action which may require us to cease acting for you. We may also cease to act in a particular matter for the other client involved.
23.2 It is possible that some of our clients (including future clients) may have commercial or other interests which may be adverse to you or your business. You consent to our representing such competing clients in the other separate matters, provided that there is no conflict of interest or risk of future conflicts of interest with the matters that you have instructed us to advise upon.
23.3 It is possible that circumstances may arise wherein our duty to act in your best interests in relation to a matter conflicts (or there is a significant risk that it may conflict) with your interests in relation to that or a related matter. In such circumstances we will inform you as soon as we are aware of such circumstances and we will be obliged to cease acting for you.
23.4 Should we cease to act for you in accordance with this section, all fees, disbursements and VAT up to the date we cease acting will be charged and become due.

24 Storage and retrieval of files
24.1 We may create and hold client files in hard copy (paper), electronically or a combination of both.
24.2 We normally store client files (except any of your papers you ask to be returned to you) for six years after we send you our final bill. Unless you instruct us to the contrary, we may destroy paper documents and scan them onto our system to be stored electronically. We store the file on the understanding that we may destroy it after six years. We will not destroy original documents such as wills, deeds and other securities that we have agreed to hold in safe custody but we may, on reasonable notice, send them to you for safekeeping.
24.3 We will not charge for this storage unless otherwise advised to you in writing.
24.4 If we retrieve your file from storage (including electronic storage) in relation to continuing or new instructions to act for you, we will not normally charge for the retrieval.
24.5 If we retrieve your file from storage for another reason, we may charge you for:
24.5.1 time spent retrieving the file and producing it to you;
24.5.2 reading, correspondence, or other work necessary to comply with your instructions in relation to the retrieved file; and/or
24.5.3 providing additional copies of any documents.
24.6 We will provide you with an electronic copy of the file on request unless it is inappropriate to do so.
24.7 Our Privacy policy contains more information about how long we keep personal data for—please see section 16 (Privacy and data protection).

Humphrey & Helfrich Advocates Limited