DUE DILIGENCE
St Joseph’s is not a solicitors firm. It is a ‘bespoke’ independent Legal Consultancy, which provides
specific types of services to businesses and individuals.
This means that there are certain regulatory limitations on what St Joseph’s and its Consultants can
actually do. For example, we cannot provide public facing legal advice in relation to reserved legal
activities as specified in section 12 of the Legal Services Act, which includes the exercise of a right of
audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities
and the administration of oaths.
All these terms are defined in detail in Schedule 2 to the Act. For more information about this please visit
the Solicitors Regulation Authority website for further details.
However, we can provide “in-house” legal
services to companies which include the exercise
of a right of audience, the conduct of litigation,
reserved instrument activities, probate activities,
notarial activities and the administration of
oaths, where one of our Consultants is appointed
as a legal officer or legal director.
We can also provide “agency” based legal
services to individuals and companies which
include the exercise of a right of audience, the
conduct of litigation, reserved instrument
activities, probate-activities, notarial-activities
and the administration of oaths, where St
Joseph’s enters into an “agency” agreement with
a law firm in relation to a particular project or
client. In such instances, St Joseph’s and its
Consultants operate under the regulatory
umbrella of the firm whom we enter into such agreements with.
Similarly, we cannot provide any Claims Management Services in our own right as we do not hold a
licence and are not regulated by the Ministry of Justice. The Conduct of Authorised Persons Rules 2007
set out the specific requirements relating to Claims Management.
However, we can provide “agency” based claims management services. The Ministry of Justice
Guidance relating to who needs to be authorised to conduct Claims Management under the
Compensation Act 2006 provides certain exemptions from the acquirement to register and obtain a
licence to become authorised. The particular exemptions which relate to St Joseph’s include:
(a) Legal consultants / practitioners
An exemption exists in relation to legal practitioners acting in the normal course of practice in a way
permitted by professional rules to which the legal practitioner is subject. In relation to St Joseph’s,
this would cover “agency” work for a law firm;
(b) “exempt introducer” status
The requirements are set out in detail in the Compensation (Exemptions) Order 2007. Essentially, our
primary business is not claims management, but as a consequence of some of the projects we
become involved in there is an element of claims management. Given the size of such projects
“exempt introducer” status would apply in the first instance. Where such projects exceed the
threshold for this exemption, we would then be exempted by virtue of (c) below;
(c) Introducers acting as agents for a business
Where introducers are in effect agents of a licensed claims management business, then, if there is a
proper agency contract, such agents are covered by the claims management business’s
authorization. We always enter into proper agency contracts to ensure compliance with the
requirements for exemption.
In the event that St Joseph’s engages in any agency based legal services or claims
management services, we will comply with the regulatory requirements both in respect of
transparency with the partner business and also in respect of transparency with the individual
client(s).
Solicitors Regulation Authority
Because we are not a law firm or Claims Management Company we are not regulated directly by the
Solicitors Regulation Authority or Ministry of Justice. We are regulated indirectly where we act as an
agent, as described below. However, we have working and practising Solicitors and Barristers who work
directly with St Joseph’s and they are regulated by the SRA in the UK in their own right, or the equivalent
body abroad.
In the unlikely event that a client, individual or partner brings a complaint against St Joseph’s, it will be
deemed to be a complaint against the person involved in the specific case. As such if the complaint is
about a Solicitor it should be put to the SRA, a Barrister, should be put to the Bar Counsel.
St Joseph’s has sought to import the principles of the Best Practice Code into this business to ensure
clients, individuals or partners receive high standards and have a process for redress if they are
unhappy with the final decision of any complaint.
The Data Protection Act
St Joseph’s doesn’t normally collect or hold information which would be covered by
the Data Protection Act.
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