1. Legal information
1.1 Hartley Bain Limited is an Immigration Consultancy, Authorised and regulated by the Office of the Immigration Services Commissioner in England and Wales.
1.2 The registered office address and principal place of business of Hartley Bain Limited is Floor 37, One Canada Square, Canary Wharf, London, E14 5AA, United Kingdom.
2. Regulatory information
2.1 The Office of the Immigration Services Commissioner (OISC) represents Immigration Consultants in England and Wales. The OISC also adjudicates upon complaints which a firm’s own complaints handling procedure cannot resolve.
2.2 Hartley Bain Limited is authorised and regulated by the OISC. The OISC Code of Standards contains the rules of professional conduct which apply to Immigration Consultants. The OISC Code of Conduct can be viewed on the website of the OISC(www.sra.org.uk).
3. Financial services
3.1 The provision of our legal services may involve regulated activities relating to investments within the meaning of the Financial Services and Markets Act 2000. Hartley Bain Limited is not authorized by the Financial Conduct Authority, but we are able in certain circumstances to offer a limited range of financial services to clients if they are an incidental part of a legal service we have been engaged to provide because we are authorized and regulated by the OISC.
4. Client engagement
4.1 No client-lawyer relationship between you and Hartley Bain Limited is created by your use of this website. The only way to become a client of Hartley Bain Limited is through a mutual agreement in writing after we have completed our standard new client take on procedures. No responsibility is assumed and no liability is accepted for information supplied or services rendered to someone who is not a client of the firm unless in writing we have expressly agreed otherwise. If you are interested in becoming a client, please contact us so that we can determine whether your matter is one with which we can assist you.
4.2 Advice is given and services are supplied to clients on the basis of the firm’s terms of business. By instructing the firm clients agree to the firm’s terms of business, subject only to any amendments agreed by the firm in the relevant engagement letter.
5. Money laundering
5.1 The United Kingdom’s anti-money laundering and anti-terrorist financing legislation and related regulations require us to conduct due diligence on new clients and on-going monitoring of existing clients.
5.2 We are required to verify and document the identity and address of every client of the firm (including the beneficial owner or effective controller of a company or trust). Sometimes we are able to verify and document the identity of a client through electronic data sources. If this is not possible, we will ask the client to provide us with the necessary information and documents. Periodically, or if their circumstances change, we may ask a client to provide us with up to date evidence of identity. If we are unable to obtain satisfactory evidence of identity, we will not be able to act or continue acting.
5.3 We are also required to identify the source of monies paid to or controlled by the firm. We cannot accept funds from any source unless the source has previously been disclosed to us and identified to our satisfaction. If payment is made to us in breach of this provision, the funds may be frozen until their source and provenance have been established.
5.4 The legislation which governs money laundering and the financing of terrorism has placed professional advisers, including lawyers, under a legal duty in certain circumstances to disclose information to the National Crime Agency. Where an advisor knows or suspects that a transaction involves money laundering or the financing of terrorists, he or she may be required to report their knowledge or suspicion to the National Crime Agency. If this happens, we will not be able to inform you that a disclosure has been made or of the reason for it, for legal reasons. We accept no liability for any loss, damage, costs or expenses that you might incur by reason of such disclosure.
6. Bribery and corruption
6.1 The firm tries always to conduct its business in compliance with applicable laws and regulations and to the highest ethical standards. We will never knowingly commit or advise or assist a client or someone acting on behalf of a client to commit, an illegal act, including, but not limited to, bribery or corruption.
6.2 We operate policies and procedures which comply with the United Kingdom’s anti-bribery and anticorruption laws. They apply to all firm members and to anyone else who is working on behalf of the firm. We expect our suppliers and the other professional advisers we work with to have similar policies and procedures in place.
6.3 The firm’s anti-bribery and anticorruption policies prohibit, either directly or via a third party, the offering, promising or giving of anything of value for an improper purpose or to gain a business advantage. The prohibition extends not only to financial rewards, but also to gifts, donations, services, and entertainment of an unusual or excessive nature. Dealings with foreign governments and foreign government officials are subject to particular rules.
7. Frauds and scams
7.1 Cyber-crime is on the increase, and you should be on the lookout for it to ensure that you do not become a victim of it.
7.2 You should be alive to the possibility that a fraudster might deliberately misrepresent himself or herself as a member of, or as someone acting on behalf of or working with, Hartley Bain Limited, for criminal purposes. Such scams normally originate by email. Often the email will either promise the recipient a share of a large sum of money in return for paying a modest sum up front (an advance fee type fraud) or request personal or financial information about the recipient or the recipient’s bank account allegedly in order that money can be paid to them (an identity theft type fraud). In an attempt to give legitimacy or respectability to the scam, sometimes the email will direct the recipient to a false website that intentionally replicates the look of a legitimate website (a cloned website).
7.3 You should be aware that scam emails are not uncommon and often inform the recipient either that lottery winner wish to donate money to them, they might be a beneficiary of the estate of a deceased person or they might be the beneficiary of a recently discovered life insurance policy. Such emails are invariably fraudulent and should not be replied to or acted upon unless or until their provenance can be established. If you receive an unsolicited and poorly worded email from someone you do not know who is using a free email service and an unusual email address and it contains information or an offer which appears too good to be true, it very likely is not true.
7.4 If you receive an email purporting to come from Hartley Bain Limited or a firm member, or if you are directed to a website which purports to be the Hartley Bain website, and you have doubts or concerns about the provenance of the email or website, before taking any action please either contact the firm member you normally deal with or email the Director on(C.Ahmed@hartleybain.co.uk) and they will tell you whether the email came from us or whether it is our website.
8. Complaints handling procedure
8.1 We always try to provide our clients with a quality service in a friendly manner applying the highest standards of professionalism and ethics. Any client who is unhappy with any aspect of the service we have provided is entitled to complain. We aim to investigate complaints fairly and to respond as quickly as circumstances allow.
8.2 If at any time you are unhappy with any aspect of the service we have provided to you or if you wish to discuss an invoice we have delivered to you, in the first instance contact the responsible caseworker handling your case. If the responsible caseworker is unable to resolve the matter to your satisfaction, or if you would prefer to speak to someone else about the matter, please contact the Director with whom you can pursue the matter. The name of the caseworker and Director will appear in the relevant engagement letter and an inquiry of our switchboard.
8.3 If after our own complaints handling procedure has run its course you are still not satisfied with our response to your complaint or with our handling of the complaint, you may ask the OISC to consider the matter. The OISC’s role, remit and procedures are described on their website (www.legalombudsman.org.uk). The OISC will only consider complaints made by individuals, micro-enterprises and small trusts, charities or associations. Normally a complaint must be notified to the OISC within six months of the client receiving a final written response from the firm about it, or within six years of the date of the act or omission complained about (or if outside of this period, within three years of when the client should reasonably have been aware of it).
8.4 If a complaint relates to an invoice we have delivered, you may also be entitled to apply to the court for an assessment of the invoice under Part III of the Solicitors Act 1974. If you wish our charges to be reviewed by the court you must apply to the court within one month of the date the invoice was delivered to you. If the invoice has been paid, more than twelve months has elapsed or a judgment has been obtained in respect of the costs covered by the invoice, the court will not order the invoice to be assessed unless special circumstances apply. If the court makes an order in such circumstances, it may attach conditions to the order in respect of the costs of the assessment. Our entitlement to charge interest in respect of an unpaid invoice may not be affected by any complaint you make to the Legal Ombudsman or by any application you make to the court for assessment of the invoice.
9. Professional indemnity insurance
9.1 Hartley Bain Limited maintains professional indemnity insurance in accordance with that required by the OISC. It covers the firm’s professional services in the United Kingdom and extends to acts or omissions arising out of our professional services.
10.1 When you access this website, your computer’s browser provides us with electronic information such as your IP address, browser type and access time. The website collects this information to provide you with a good user experience. We also use this information to help us improve the website and to compile statistical data on the use of the website.
11. Data protection
11.1 Hartley Bain Limited is registered with the United Kingdom’s Information Commissioner as a controller of personal data under the Data Protection Act 1998. Any personal data collected during your use of this website will be processed in accordance with current the United Kingdom data protection laws and for one or more of the following purposes: for the purpose specified in the relevant part of the website; to enable us to supply you with the information or assistance you have requested; to enable us to provide you with information about us, our services and our events; and for any other purpose for which you give your consent.
12. Electronic communications
12.1 Electronic communication carries with it certain risks. It might not be secure, or it might be intercepted, carry viruses, distort during transmission or arrive late or not at all. Unless in writing you expressly prohibit electronic communication, we may use email and/or fax to communicate with you and others involved in your matter. Unless in writing we inform you otherwise, the email we send to you will not be encrypted. Anyone who communicates with us electronically or who does not expressly prohibit such communication will be assumed to accept the associated risks. We accept no liability for any inadvertent breach of confidence or privilege, or for any loss or damage that occurs, as a result communication by email or fax.
12.2 We operate anti-virus software, which is updated regularly, but we accept no liability for viruses. You must rely on your own anti-virus software. We recommend that you scan all emails and any attachments for viruses before opening them. We also advise you to confirm any advice received by email before acting on it.
12.3 We monitor electronic communications to protect our business, firm members and clients and to ensure that our legal and regulatory obligations and our internal policies and procedures are being complied with.
13.1 Information About this Website
This website is owned and operated by Hartley Bain Limited, which is a Private Limited Company and Immigration Consultancy authorized and regulated by the OISC.
13.2 Application and Amendment
13.3 Exclusions of Liability
Whilst we believe and have taken reasonable measures to ensure, that this website is free of viruses, use of the website is at your risk. All liability for loss or damage arising from your use of this website is excluded to the extent permitted by law. Whilst we have taken reasonable care to ensure that the content of this website and the publications on it is accurate and complete, the information on this website and in those publications is for information only and does not constitute legal or professional advice. All liability for loss or damage arising from reliance on such information is excluded to the extent permitted by law.
13.4 Intellectual Property Rights
Copyright in (and any other intellectual property rights that attach to) the content of this website or the publications on it (including, but not limited to, the ‘Hartley Bain Limited’, ‘Hartley Bain’’ and ‘HB’ marks, logos and branding) is owned by Hartley Bain Limited. You may download and temporarily store one or more pages of this website for the sole purpose of viewing them. You may print any publication on this website so long as each copy is a complete copy, no amendment is made to it and it is only for personal use or use within your own organization. None of the content of this website or the publications on it, whether or not permission is granted for downloading, printing or circulation, may be used for the purpose of commercial exploitation. Any other copying, transmission, distribution or storage of such content is prohibited without the prior written consent of Hartley Bain Limited.
The publications on this website provide general information only. They must not be relied on as legal or professional advice. Publications might not contain exhaustive statements of the law, might not be up to date and the information they contain might not be appropriate for your matter or circumstances. Users located abroad should also be aware that laws and regulations may be different outside England and Wales. Before you act or omit to act, you should take specific legal advice on any particular matter that concerns you. If you require legal advice, please contact us.
13.6 Electronic Links
Electronic links to this website are prohibited without the prior written consent of Hartley Bain Limited. Any links to other websites provided by this website have been included for convenience only. Such links do not imply endorsement by Hartley Bain Limited of the linked website, its provider or its content. We accept no liability for the content of, or for any loss or damage caused by access to, use of, reliance on or software downloaded from, any linked website.
13.7 Governing Law
All issues relating to this website, the content of this website and the content of any publication appearing on this website are governed by English law. Unless Hartley Bain Limited elects otherwise, any dispute relating to such matters shall be subject to the exclusive jurisdiction of the English courts. If you experience any technical or other issues with this website, please email us on (firstname.lastname@example.org).