General Notices
Clarkslegal LLP is a limited liability partnership registered in England and Wales. Registered number: OC308349. Registered office: Thames Tower, Station Road, Reading RG1 1LX. Solicitors regulated by the Solicitors Regulation Authority. References to Partners are to members of Clarkslegal LLP. Clarkslegal LLP is a member of the TAGLaw worldwide network of law firms.
Your Data
Full details of how we collect and process your data (including personal data) together with how to opt out from receiving marketing communications from us can be found in our Privacy Notice. Website users should refer to the section of the Privacy Notice headed accordingly.
Copyright
All content on this website is © Copyright of Clarkslegal LLP. All rights reserved. Except as set out below, no reproduction or downloading is permitted.
You may print or download extracts from the Clarkslegal web site for personal use only. No part of the site may be downloaded, copied or distributed for commercial purposes.
Prior permission must be obtained from a Clarkslegal partner for linking to this web site. Any use of material from this web site must be acknowledged.
Disclaimer
Due to the changing nature of the law, no reliance should be placed on the currency of the general information on this site or its applicability to individual circumstances. The contents of this website are not, and not intended to be, a substitute for individual legal advice. In the event of any dispute, the appropriate law and legal forum is England & Wales.
Client registration and identification
In common with other commercial law firms, we comply with the Money Laundering Regulations 2017 (as amended).
The Regulations require us to obtain satisfactory evidence of identity in respect of substantially all new clients and those in respect of whom there has been a break in our relationship. We will be unable to start work for you until this evidence is obtained. Set out below is the list of acceptable identification documents. Please contact your solicitor at Clarkslegal if you have any queries about these requirements.
The following is a list of examples of suitable documentary evidence of name for UK resident private individuals:
- Current signed passport.
- EEA member state identity card (which can also be used as evidence of address if it gives this).
- Residence permit issued by Home Office to EEA nationals on sight of own country passport.
- Current UK or EEA photo-card driving licence.
- Current full UK driving licence– old-style provisional driving licences can not be accepted.
- Benefit book or original notification letter from the Benefits Agency confirming the right to benefits.
- Photographic registration cards for self-employed individuals and partnerships in the construction industry C1S4 (the card does not contain an issue or expiry date and is renewed only if the individual’s appearance changes dramatically).
- National identity card containing a photograph of the client.
The following is a list of examples of suitable documentary evidence of address for UK resident private individuals:
- Confirmation from an electoral register search that a person of that name lives at that address.
- A recent utility bill or statement, or a certificate from a utilities supplier confirming an arrangement to pay for services on pre-payment terms (we do not accept mobile telephone bills which can be sent to different addresses) dated within last three months.
- Local authority council tax bill for current council tax year.
- Current full UK driving licence– old-style provisional driving licences can not be accepted.
- Bank, building society or credit union statement or passbook containing current address dated within last three months.
- A recent original mortgage statement from a recognised lender.
- Solicitor’s letter within the last three months confirming recent house purchase or land registry confirmation of address.
- Local council or housing association rent card or tenancy agreement for the current year.
- Benefit book or original notification letter from the Benefits Agency confirming the right to benefits.
- EEA member state identity card.
- HMRC self-assessment statement or tax demand dated within the current financial year.
If during our retainer we are asked to act for an additional client to the client in respect of whom we have received satisfactory evidence of name and address, we may not undertake work for that additional client until satisfactory evidence of identity is obtained. If we are unable to obtain that evidence, or to do so in a timescale acceptable to our existing clients, a conflict of interest may arise. This could result in a delay, or in our having to cease acting for all clients in the transaction.
Confidentiality and disclosure
We are under a duty to you to keep all information relating to your affairs completely confidential unless authorised by you to disclose information to someone else.
However, we may sometimes have other duties and obligations that can override this duty of confidentiality. Under the Proceeds of Crime Act 2002 we may not act for a client in a transaction that we know or suspect involves the proceeds of any crime unless we first disclose the details to the National Crime Agency or other law enforcement agencies. This may occur when we are first instructed or during the course of our retainer. A disclosure may result in a delay of up to 40 days before we can start or continue work.
We must also make such a disclosure where there are reasonable grounds to suspect that any person (not just our client) is or has been involved in any dealings relating to the proceeds of any crime. However, we do not have to do so if the information is legally privileged. Information may be privileged if it comes to us in connection with obtaining or giving legal advice or in connection with legal proceedings, but other circumstances may remove this privilege. Please check with your Clarkslegal partner at an early stage if you are in doubt about how this could affect you.
Disclosures that we make under this legislation may be made without reference to you as the client. We may be unable to discuss the circumstances or content of the disclosure with you, or to confirm that such a disclosure has been made.
Similar obligations arise under the Terrorism Act 2000 where the knowledge or suspicion relates to the use of money or other property for the purposes of or deriving from terrorism.
The making of such a disclosure or the delay arising from a disclosure could be harmful to the interests of our client or others with whom he or she is dealing. Please bear these issues in mind when giving us instructions.
Client account
Suspicion regarding money laundering or terrorist offences can be aroused in relation to money paid into the firm’s client account. When giving us instructions please tell us the source of any funds to be paid to us and tell us if the intended source is to be changed.
In certain circumstances we may become obliged to apply to the court for directions regarding the true ownership of monies paid into the firm`s client account, or a third party may assert rights over such funds. This may be the case where there are grounds for suspicion of money laundering or a terrorist offence. Pending the outcome of such application or dispute we may not be able to release those monies.
Clarkslegal recognises that the above requirements may impact adversely on our clients and others dealing with us, but we cannot accept any liability for any breach of confidentiality, loss or delay that may result from compliance with the above requirements. Please refer to our terms of business for full details. A copy of these can be made available on request.