Q&As

Should we serve notice of cancellation rights where (i) we agree a retainer face to face with the client at our office and (ii) following the meeting, we send a detailed client care letter and terms of business for the client to sign?

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Published on LexisPSL on 28/09/2016

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Should we serve notice of cancellation rights where (i) we agree a retainer face to face with the client at our office and (ii) following the meeting, we send a detailed client care letter and terms of business for the client to sign?
  • Is this an off-premises contract?
  • Is this a distance contract?
  • Conclusion

Should we serve notice of cancellation rights where (i) we agree a retainer face to face with the client at our office and (ii) following the meeting, we send a detailed client care letter and terms of business for the client to sign?

To be caught by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contracts Regulations 2013), the arrangement must meet the definition of a distance or off-premises contract.

Is this an off-premises contract?

This arrangement does not appear to satisfy the definition of 'off-premises contract' for which there are four alternatives:

DefinitionExample
(a) Contract concluded somewhere other than at your business premises in the simultaneous physical presence of you and the clientRetainer concluded:
  1. at the client's home, place of work or a hospital

  2. at a neutral venue, eg a hotel

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