Terms of Business

If I commence notarial work in accordance with your instructions, you acknowledge that the terms of business set out below shall be binding between me and you.

“I”, “me”, “my” means Malcolm Gregory, Notary Public of 3 Newbridge Square, Swindon, SN1 1BY.

“you”, “your” means the person, company or organisation requiring notarial services

Basis of charging
Fees are assessed mainly by reference to the time spent on the matter, on the basis of an hourly charging rate of £350. Details of the hourly rates applicable to any particular matter are available on request.  Rates are reviewed from time to time. There is a minimum fee of £140.

In accordance with Notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), my fees may also include an additional element
reflecting other factors including value, importance, speed, complexity or special skills.

 If instructions are terminated for any reason, a charge will be made for all work carried out to the date of termination. Separate charges are made for any disbursements or expenses incurred on behalf of clients. I will endeavour to obtain your approval to any disbursements and you will normally be required to make payment in advance.  

Costs include preparatory and drafting work, correspondence and attendance. I am not registered for Value Added Tax and expenses and disbursements will be charged gross.

Estimates

In some cases a fixed cost will be agreed in advance of the work being carried out.  For work charged in accordance with hourly rates guidance as to likely costs will be given.  Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding.  Variations in the

instructions given, including requests for additional work or unexpected developments or inexperience, incompetence or lack of co-operation on the part of other parties or their advisers may increase costs. I will notify you of any changes in the fee estimate as soon as possible.

Invoices

Fees are due for settlement on completion of work and prior to release of completed documentation.  Where required, invoices are delivered for work carried out, expenses incurred and disbursements made during the conduct of a matter.  Invoices must be settled immediately on issue. Any queries concerning an invoice should be raised immediately upon receipt.

In the event of payment not being made as requested, I reserve the right to decline to act any further on your behalf and to exercise a lien on any of your papers or documents which are in my possession, until payment has been made.

Interest is chargeable from the date of the invoice at 8% per annum above the Base Rate from time to time in force of National Westminster Bank Plc.

Liability for payment

Where I accept instructions from a limited company, I may require personal guarantees in relation to its fees and disbursements from appropriate directors or shareholders (or other individuals or companies) at any stage in the transaction or proceedings.  Where the person or legal entity instructing me, does so on behalf of two or more persons or legal entities, each of those persons and legal entities shall be jointly and severally liable to me for the obligations on you imposed by these Terms.

Quality of service and complaints

It is my aim to provide a good service.  My Notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:

The Faculty Office, 1 The Sanctuary, Westminster, London, SW1P 3JT

Telephone: 020 7222 5381

Email: faculty.office@1thesanctuary.com

Website: www.facultyoffice.org.uk

If you are dissatisfied about the service you have received please contact me.

If I am unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. The procedure is free to use and is designed to provide a quick resolution to any dispute.   

In that case please write (but do not enclose any original documents) with full details of your complaint to:

The Secretary of The Notaries Society, PO Box 1023, Ipswich IP1 9XB

Email: secretary@thenotariessociety.org.uk

If you have any difficulty in making a complaint in writing, please do not hesitate to call the Notaries Society/the Faculty Office for assistance.

Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result: 

Legal Ombudsman, P O Box 6167, Slough, SL1 0EH

Tel: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

www.legalombudsman.org.uk

If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

Data protection

I comply with the UK General Data Protection Regulations and Data Protection Act 2018.  Personal data
may be used and disclosed by me to third parties while providing services to you and for regulatory purposes. 

I am required to make an entry in a formal register, which is kept by me as a permanent record. I will retain a copy of the notarised documentation with that record.

I am required to maintain personal data for regulatory and insurance purposes for a period of time after conclusion of provision of services. Personal data received is held securely and not capable of being accessed externally.  Some files (and personal data may occasionally be made available on a confidential basis to an external quality assessor or auditor.

My Privacy Notice explains how I process personal data and will be provided to you when I am instructed. It is available on my website: https://publicnotary.me.uk/privacy-notices

E-mail

It is my policy to use e-mail wherever possible.  Where you have provided me with an e-mail address, e.g. by sending me an e-mail, I will assume that I may use that address to send unencrypted sensitive or confidential correspondence or documents to you.  I may also, during the course of a matter, send unencrypted sensitive or confidential information to other persons involved, unless specifically requested by them or you not to do so.  All e-mails and attachments I send should be scanned for viruses by the recipient.

Use of Technology, Devices and Artificial Intelligence

To the extent that I use any automated decision-making technology, including artificial intelligence, in the course of my services, I do not rely upon the same without human intervention.

Before using any new technology including artificial intelligence, I carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.

Money laundering compliance

I operate a money-laundering reporting procedure as required by law where, in the event of any suspicion as to money laundering, information will be revealed to the appropriate authorities.  Cash payments will not be accepted over £500 in value.  You will be required to provide satisfactory proof of identity and full details of the source and proposed destination of funds.  Pending this, funds may be frozen and I will not accept any responsibility for loss or delay caused by your failure to provide such information promptly.

Termination and your right to cancel

You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.

Consumer Cooling Off Cancellation Period – Consumer Contracts Regulations 2013 (“CCR”):

Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier (the “Cancellation Period”).

You can cancel your contract within the Cancellation Period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.

If you ask me to begin work during the Cancellation Period, you can still cancel but you must pay me an amount in proportion to the work which I have performed and this proportion will not be reimbursed to you.

Termination by me

I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill or comply with my request for a payment on account or you fail to give me the co-operation which I am reasonably entitled to expect.  

Professional indemnity and limitations on liability

I accept no liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract, tort (including negligence) or otherwise in relation to any matter in the absence of specific written agreement to the contrary referring to this term and signed by both parties in excess of the sum of £1,000,000 for any one claim.  Specific cover for higher limits may be obtainable and agreed in certain circumstances.  I am insured to the value of at least £1,000,000 through my professional indemnity insurance policy. 

The amount of any liability is to be reduced so far as may be appropriate to take account of the degree of responsibility of any other professional or other advisers whom you have consulted in relation to the matter as if I had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between you and such advisor, and they had the resources to meet the same, provided that I shall not be obliged to make or pursue any such claim for contribution.

No liability whatsoever will be accepted on my part in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the person, company or organisation for whom I have agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by me to provide advice or services or to rely upon any advice given or opinion expressed by me. The application of any legislation conferring on third parties contractual or other rights, including the Contract (Rights of Third Parties Act) 1999 shall be excluded insofar as permitted by law.

No liability whatsoever will be accepted on my part where such liability either arises from any instructions or information given by you or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by me or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.  

All company searches carried out by me are made using the Companies House on-line service. To the extent that the Registrar of Companies does not accept responsibility for any inaccuracies or omissions arising from
use of the on-line service, I accept no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

You shall and you hereby agree to indemnify me and my affiliates, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the following warranties:  

In relation to personal data of data subjects you warrant to me on a continuous basis that:

1.  where applicable, you are authorised to share such personal data with me in connection with the provision of notarial services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
2. to the extent this is required in connection with the provision of notarial services, such personal data is accurate, complete and up to date; and 
3. either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the provision of notarial services as set out at paragraph 18 of my Privacy Notice, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.  

These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied. 

Force majeure

I will not be liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond my control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm, pandemic or difficulty or increased expense in obtaining information or services of any description.

Interpretation

English law is applicable to this contract and the English courts shall have sole jurisdiction in the case of any dispute.  

Foreign law

I do not advise on foreign law but act in an evidential, authentication capacity.

Statement of independence

I practice as a notary public independently from my role as a solicitor in the separate solicitors practice of RWK Goodman LLP.  The notarial practice and RWK Goodman LLP are independent of each other.  Some
resources are shared with RWK Goodman LLP.  Accordingly, any person referred by me to that solicitors practice does not have any of the protection attaching to the client of a notary but benefits only from the practice rules applicable to a solicitors practice and will be subject to RWK Goodman LLP’s Terms of Business, which are available on request. 

Last updated: 27 February 2025