Regulatory and Legal

Kervin & Barnes – ownership and regulation

Kervin & Barnes Solicitors is the trading name of Kervin Barnes Limited. Kervin Barnes Ltd is a limited company registered in England & Wales number 07020110 whose registered office is at 23 Berkeley Square, Mayfair, London, W1J 6HE. Gareth Kervin is a Director. We use the word “partner” to refer to a shareholder or director of the company or an employee or consultant who is a lawyer with equivalent standing and qualifications.

Kervin Barnes Ltd (the firm) is a “recognised body” and is authorised and regulated by the Solicitors Regulations Authority (SRA). The SRA’s rules can be found in its Code of Conduct. The SRA is the independent regulatory body and the Legal Complaints Service is the independent complaints handling body. The firm is not authorised by the Financial Services Authority (FSA).

Kervin Barnes Ltd VAT Registration No. 978 9417 44.

Lawyers admitted as solicitors in England and Wales are regulated by the SRA.

Use of this website

This web site is protected by copyright and database right. You may print out individual articles, news, contact details or pages for your private use or for non-commercial research. No form of distribution or making available to the public (whether in print or electronic form) of any of this web site’s contents is allowed without prior written consent.

External information

This web site provides links to, and content from, other sites and resources. However, given that monitoring the vast amount of information disseminated and accessible via those sites and resources is impracticable, such information cannot be guaranteed to be accurate, up to date and is no way endorsed by us.

Complaints procedure

Informal concerns about our service

If you have any concerns at all, please raise them initially with the person who has been advising you or with the supervising partner assigned to you.

How to raise a formal complaint

If your concerns are more serious, and you wish to raise a formal complaint, you should do so in writing to Gareth Kervin, the Compliance Officer for Legal Practice (COLP) either at gkervin@kervinandbarnes.com or at 23 Berkeley Square, Mayfair, W1J 6HE. Please provide as much detail as possible and provide the information as soon as possible. It may not be practicable to investigate historical complaints and you may lose the right to complain to the Legal Ombudsman if you wait too long.

How we handle complaints

As required by the Solicitors Regulation Authority (SRA) Code of Practice, we must deal with a client’s complaints promptly, fairly, openly and effectively. We are also obliged to provide information about our complaints procedure to our clients at the outset of their matter, and this is communicated in the Firm’s client care letter.

In most cases, the COLP will investigate the complaint. If the complaint is about the COLP, the person investigating the complaint will usually be another senior member of staff.

The investigator will review your complaint and will look at all necessary papers and records and make any other necessary enquiries. In our response we will set out the investigations carried out and the conclusions reached. If our service has been lacking, we will set out how, why and any relevant remedies.

Timeframes for responding

We will ordinarily respond to complaints within 56 days of receiving them, in line with the Legal Ombudsman’s expectations. Wherever possible, we will respond sooner.

Complaints about fees

If your complaint relates to our fees, you may also have the right to challenge our fees by applying to the court for an assessment of the bill under Part III of the Solicitor’s Act 1974. Please note that certain time limits apply to these procedures. Further details can be found in the Firm’s engagement letter.

Online dispute resolution (“ODR”) and alternative dispute resolution (“ADR”)

If we have made contact with you by electronic means (including via our website or by email), you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us.

In any cases (whether or not involving contact by electronic means), should your complaint not be resolved to your satisfaction, and should both parties wish to use an ODR or ADR approved body which is competent to deal with the complaint, we would in the first instance propose using Small Claims Mediation: www.small-claims-mediation.co.uk.

Complaint to the SRA and/or Legal Ombudsman

Please note that we do not have an internal appeals process if you are dissatisfied with our response.  You may nevertheless have the right to complain to the SRA (if the complaint concerns the breach of SRA principles such as dishonesty or losing your money) or the Legal Ombudsman (if the complaint is about poor service, including complaints about fees). This right is available to all individual clients and to some organisational clients.

The Legal Ombudsman may be contacted at:

The Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

Tel: 0300 555 0333

Please be aware that the Legal Ombudsman has published certain rules on its website in relation to complaints, including rules as to who can complain, what they can complain about, the time limits within which to complain. If you do wish to complain to the Legal Ombudsman, you must do so within six months of receiving our response and within six years from the date of the act/omission, or three years from when you should have known about the complaint.

Legal disclaimer

We try to ensure the accuracy of the content published on this web site. However the material published is for general information purposes only and does not and is not intended to constitute legal or other professional advice. You should seek specific legal advice in relation to any particular matter. The firm accepts no responsibility for loss which may arise from reliance on information contained on this site.

Governing law and jurisdiction

Your use of this web site will be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the courts of England and Wales.