TERMINATION OF THIS COSTS AGREEMENT
The client may terminate the Costs Agreement and withdraw the client’s instructions at any time for any reason but will be required to immediately pay legal costs to Worker’s Rights Legal Service as calculated under and in accordance with the Costs Agreement.
Worker’s Rights Legal Service may terminate the Costs Agreement and cease to act for the client for any lawful cause or if the client:
- Breaches the Costs Agreement;
- Requires Worker’s Rights Legal Service to act unlawfully or unethically;
- Fails to give Worker’s Rights Legal Service adequate instructions;
Fails to cooperate with Worker’s Rights Legal Service; e.g. repeated failure to attend medical examinations or persistent failure to provide information requested by Worker’s Rights Legal Service; - Indicates that they have lost confidence in Worker’s Rights Legal Service or demonstrates to Worker’s Rights Legal Service a negative attitude to the claim causing Worker’s Rights Legal Service to lose confidence in the client to see the claim through;
- Loses legal capacity;
- Fails to keep Worker’s Rights Legal Service advised of their current residential, postal and email addresses and telephone numbers;
- Fails to accept Worker’s Rights Legal Service’s advice as to the conduct of the claim in some significant aspect or give clear instructions to Worker’s Rights Legal Service.
- Hinders and prevents Worker’s Rights Legal Service from continuing to act as Worker’s Rights Legal Service should act;
- Insists upon the taking of some step which, in the opinion of Worker’s Rights Legal Service, is dishonourable.
Worker’s Rights Legal Service may terminate the Costs Agreement and cease to act for the client in the event that Worker’s Rights Legal Service:
- Becomes aware of anything material that alters Worker’s Rights Legal Service’s opinion in respect to the prospects of success of the claim.
- Is unable to retain the services of the barrister of Worker’s Rights Legal Service’s choice on the terms acceptable to Worker’s Rights Legal Service in its absolute discretion.
- Worker’s Rights Legal Service may terminate this retainer if they form the opinion that the client no longer has reasonable prospects of success in the matter. If Worker’s Rights Legal Service terminates their retainer under this sub-clause, they will give the client 7 days’ notice in writing of their intention to terminate the agreement and as part of their No Win No Fee promise to the client will not claim any fees or expenses from the client.
If the client refuses to consent to the making of an offer of settlement or accepting an offer of settlement made by or on behalf of the insurer which, in the written opinion of Worker’s Rights Legal Service, is a reasonable offer and one which should be made or accepted, Worker’s Rights Legal Service shall be entitled to obtain at the client’s expense the written opinion of a barrister as to the reasonableness of the offer. If the written opinion also recommends the making or acceptance of an offer and the client refuses to consent to the making or accepting of the offer, then Worker’s Rights Legal Service may terminate the Costs Agreement.
Worker’s Rights Legal Service will give the client 7 days written notice of termination of the Costs Agreement by sending the notice to the client’s last known address.
If the Costs Agreement is terminated, Worker’s Rights Legal Service is entitled to all outstanding legal costs, calculated in accordance with the Costs Agreement, and will be entitled to retain possession of the client’s file and of the client’s real or personal property held by Worker’s Rights Legal Service until all legal costs are paid or satisfactory arrangements for payment are made.