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McKENZIE

UK IMMIGRATION SOLICITORS IN CENTRAL LONDON

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Tel: 07901 558 466

Email: kmckenzie@kmckenzie.co.uk

 

HOW WE WORK, PRICING & OTHER ESSENTIAL INFORMATION

 

HOW WE WORK

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1. OUR PHILOSOPHY

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Most of our work is from personal recommendations, and very many of our clients come back again and again.  We have other solicitors, barristers, QCs and judges amongst our clients.

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We come from top City firm backgrounds and this underpins what we do.  With us, you get the expertise and experience of a big firm, but not the expense and the fuss.  We believe in meticulous preparation and have found this to be the key to our success.

We deal with every matter on an individual basis, since no two people or organisations are the same, and nor are their issues.

You and your specific needs really matter to us and you are guaranteed dedicated, individual attention from Kevin and Roberta.

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We both have several decades of post-qualification experience in the City.

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City of London skyline seen from Tower Bridge, 2020  (This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International license.)

 

 

We aim to find the best and quickest available immigration or nationality route to suit your circumstances and requirements (balancing your likely prospects, the pros and cons of available application routes, and the estimated likely processing times).  We would not submit an application if we did not think there were reasonable prospects of success.  Nor would we submit an appeal unless the experienced specialist barrister ("counsel") whom we would engage for you advised, and we agreed, that it were appropriate to do so.

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2.  HOW LONG WILL WE TAKE TO HANDLE YOUR CASE?

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The time that it takes from taking your initial instructions to the final resolution depends largely on the stage at which your case is resolved.

If you are able to provide us with the necessary information without any delays, and comply where necessary with any checklist or other requests we send you, we would generally expect a simple application to take 5 working days for us to prepare, a medium complexity case to take around 5 to 10 working days and a high complexity case 10 to 15 working days or more.  Generally, we would allow 5 to 15 working days depending on the number of issues and complexity of your case.  So as to be able to ensure thorough and meticulous preparation (which is the best recipe for success), and so as to make your life easier, we would normally advise you contact us several months before any applicable deadline.  However, If we are able to work to urgent deadlines, including over weekends or bank holidays, we will agree this with you in advance.

When requested, we will be able to give you details of any average estimated processing times for applications published by the Home Office.

 

If an appeal or judicial review requires a hearing and settlement is not reached, timescale is difficult to predict, as the information available is always inevitably based on the past not the future, and waiting times can change periodically and vary considerably.  However, it can take between 6 and 12 months, and potentially even considerably longer, for the matter to be heard by a tribunal or court.  And, depending on the circumstances, there may be a need for pre-hearings, interim hearings, or case management reviews, which may extend the timescale. We will of course be able to give you a more accurate estimated likely timescale once we have more information and as the matter progresses.

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PRICING - how we charge

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All of the work (excluding the purely administrative routine aspects) is always undertaken by solicitors, or an experienced specialist barrister ("counsel") where we advise you that it is necessary for us to engage one for you (and we would then arrange this with you and provide you with the necessary details).  Our solicitors are Kevin, and sometimes Roberta, who both have over 30 years' post-qualification experience.  For Kevin and Roberta's credentials, please go to the above tab "our solicitors". 

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We do not work on a conditional fee or success-based agreement (“no win no fee”), as the outcome depends not just on us, but requires you to follow our advice - and sometimes also depends on the discretion of other parties (the Home Office, tribunal or court). Because most of our

work comes from referrals, and is therefore success-based, and because of our professional obligations, we would not submit an application or appeal unless in our experience we considered you had at the very least reasonable prospects of success, whether in terms of the initial or ultimate outcome.  We always seek to maximise your prospects.

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Unlike many immigration advisors, Kevin and his team do not charge like a taxi-meter and we do exercise discretion when it comes to our

overall charging.  We are sometimes able to provide still further flexibility when you refer further work, or other clients, to us.

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We do not undertake legally aided work and, if you think you might be eligible for this, you should first check who undertakes work on this basis.  You should also where relevant check with your employer, or your insurance policy or policies, to see whether you have cover for our fees and contact your employer or insurer, as the case may be, to confirm if you are covered for our fees for any aspect of your matter.

 

If you are not fully fluent in English, we strongly advise, and we work on the basis that it is your responsibility, to engage an interpreter and translator before asking us to advise or assist you, or mention that you need this in the initial contact you make, so that we can make recommendations, depending on your degree of fluency.  A good test of your fluency is whether you understand all of this web page.

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If you wish to handle your application yourself, and to only have our advice in relation to some of the stages or issues, this can also be arranged, where appropriate, to meet your individual needs at the hourly rate of £275 plus VAT at 20 per cent: that is, £330 an hour including VAT. 

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1.  Our basis of pricing, and VAT

 

Our pricing is based on an hourly rate of £300, plus VAT where applicable (see below).

The rate of VAT is 20 per cent.

(The hourly rate is £360 inclusive of VAT (where applicable).

Our charges depend on how complex the case is and the number of hours required.

 

We charge a fixed fee of £75 (including VAT where applicable) for the initial meeting, which is designed to investigate your problem and explore your best options.

When we are instructed to take matters further, the firm’s fees are then:

on the basis referred to in the headings at 3 below, for preparing most immigration or citizenship applications, usually within a range between £500 and £4500 (plus VAT where applicable - see below).  To narrow this down, we have provided an indication of a range of likely costs for each category within those headings.

 

These amounts exclude VAT (charged where applicable at 20%) and "Disbursements" (the necessary expenses of third parties) where these are applicable. 

 

[Disbursements include any UK Government fees, such as Home Office application and appointment fees chargeable by them.  These will vary between a few hundred pounds and a few thousand pounds, according to the individual case, and are frequently changed by the UK

Government.  We will therefore provide you with more precise details of these once when we set up a retainer with you and advise you of the application appropriate for you.  However, you will be able to find a useful indication of common Home Office application and appointment fees

in the following link to their fee scale:

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UK visa fees - GOV.UK (www.gov.uk)

 

Similarly, if other Disbursements need to be incurred in your case, we will provide you with more precise details of these in advance, once we

set up a retainer with you and advise you of the services appropriate for you/at the time when any potential need to incur these might arise.

 

For further details see the heading Expenses or disbursements below]

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The costs could be higher or lower, depending on the complexity or time spent).  We can provide fixed fee quotations and estimates as your

matter progresses.  

(The precise fee for any item of work will depend on the nature of the advice sought or application to be made, the nature and extent of the supporting paperwork required and the complexity of the case.)  

VAT may not be applicable if you are an overseas client.  (Because of HMRC's requirements, detailed rules apply depending on your precise circumstances, and we would advise you in further written costs information at the outset whether VAT is applicable in your particular case.  For instance, if you have had leave to remain in the UK in the past, we will still have to charge you VAT even if you are an overseas client, and yet if

you are a client living in the UK, having entered illegally, and having never been granted leave to remain in the UK at any point, we would not

have to do so). 

You should be aware that the immigration tribunals and immigration courts do not usually award costs, and so you are unlikely to recover any costs from the other party along the way or if you are successful.

Please note that we are not tax, succession law, or pension experts, and our costs do not include any advice you may require in these areas. 

Also, any commercial or family law advice, including advice concerning the actual or potential consequences of entering into a marriage or civil partnership, or of divorce, marriage break-up and/or partnership dissolution or break-up, is outside the scope of any initial advice and any

retainer and, if you require this, you should seek your own advice in these respects, at the earliest possible stage, from a firm of chartered accountants or solicitors suitably qualified and specialising in the relevant area.  Nor are we experts in welfare benefits or entitlements, and

again, if you require this, you should seek separate advice in these respects also, again at the earliest possible stage.  We may be able to sign-

post you to another advisor in respect of some or all of these areas.

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2.  Prior approval by you of our basis of charging

 

If and when we intend to charge you for your matter, our basis of charging for it will be set out by us for prior approval by you:

 

(where we are intending to charge you for an initial consultation) in our initial information for prospective clients; and 

 

(once we have identified the essential factual and legal background to your case and you have indicated to us that you wish to take matters

further) in our formal retainer letter (which will set out details of the work proposed and our terms and conditions, including our basis of

charging).

 

Our fees will therefore have been approved by you as the basis for your instructing us, before any liability for them commences.  

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3.  Indication of range of potential costs excluding VAT

 

This is set out below.  The range of costs is provided as an indication of cost based on our experience of previous cases.

 

There are a number of factors that affect the complexity of an application and can even take it outside the range of costs below. These include:

  • difficult preliminary issues 

  • the strategy and/or the level of co-operation of the Home Office and any undue correspondence necessitated because of this

  • your instructions and the extent of your ability to provide us with what we specify in the way that we specify

  • whether expert evidence is needed

  • whether other legal claims are included 

Every case is different and one size does not fit all. 

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Given the importance of your case in work of this nature, and since we consider a barrister to possess the necessary specialist advocacy skills, knowledge of particular tribunals, courts and judges, and experience in presenting a case orally before a judge, we do not usually conduct

tribunal or court hearings ourselves and instead instruct a barrister (Counsel) to represent you. There will be an additional charge for Counsel attending a tribunal or court hearing – see “Expenses or disbursements” below.

If we do attend a tribunal or court hearing (which in our professional judgment is generally inappropriate, as we consider the solicitor can best deal with any unexpected or urgent issues which require our input during the course of the hearing remotely, at the office), our daily rate for attending will be at the rate mentioned above and will include any time travelling.  Again, there may well be additional costs: for example, travel – see “Expenses or disbursements” below.  If we attend a hearing with Counsel, the cost will be the actual time spent at the hourly rate mentioned above, including travel time. Again, there may well be additional costs – see “Expenses or disbursements” below.

Following an initial consultation, in some of the categories listed below, where a range has been quoted, we are likely to be able to be much

more specific, as we will have identified more about the nature of the work required.

 

Fees listed are per single applicant.  If several applicants, such as dependants, are to be included in an application, the fee is not necessarily

going to be multiplied per number of applicants per application or per linked applications.  Instead, they can potentially be reduced by us to a lesser figure/range per additional applicant (so as to reflect the duplication element of the work entailed), and we would agree the amounts for those other applicants with you in advance.

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A.  Initial consultation

 

Depending on the circumstances, we would normally charge a fixed fee of £75 (including VAT where applicable) for this, unless we consider that

it is more cost-effective for you to have us initially advise and assist by way of a joint conference with a barrister (the cost of which would then

vary considerably according to the facts of the case).  With pre-existing clients and some referrals, we often do not charge for the initial consultation for a new matter, if this is held over the telephone or involves simply an exchange of a few initial emails.  If we intend to charge the fixed fee of £75 (including VAT where applicable), we would notify you of this in advance by means of our initial information for prospective

clients.  In this, we will notify you where VAT is not applicable.

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B.  Further work over and above an initial consultation

 

The following list, under the sub-heading "Most common categories of work", is not exclusive, but sets out those categories we would most

expect to deal with.  

 

As specified, in all cases fees quoted are exclusive of VAT (which, where this is applicable, is charged at 20%) and any expenses of instructing/engaging the services of external parties ("disbursements").

 

In all cases listed under the heading "Most common categories of work", the work covered by the fees quoted includes:

 

advance consideration of your matter and any necessary research; consideration of immigration rules, statutory or other provisions, case law, and/or Home Office guidance or policy

such telephone contact, meetings, emails and other communications as we consider to be necessary and appropriate in order to put together 

the information and documentation (or where specified scans of these) to be contained in or support your application(s)

advising you on the information and documentation required to be contained in or support your application(s), by way of a detailed initial

checklist and/or initial request for documentation and information, which will be designed to be comprehensive, based on our understanding of your personal circumstances as given by your initial instructions

checking and reviewing the information and documents (or, where specified by us, scans of the documents) provided in accordance with our

initial checklist

to the extent that the information and documents have been provided in accordance with our initial checklist and/or initial request for documentation and information, advising on any issues raised by these and how to address them

to the extent that our initial checklist or initial request for documentation and information has been complied with, assistance with completing

the application form(s)

preparing detailed accompanying representations, drafted so as to fit your particular personal circumstances, so as to support your

application(s)

assisting you with advice regarding the submission by you of the application(s) to the Home Office - or where agreed in writing posting this ourselves

such email, telephone contact or other communications as we consider necessary and appropriate to keep you up-to-date regarding your application(s)

liaising, where necessary and appropriate in our professional judgment, with third parties, including the Home Office, tribunals or courts, in advance of submission of your application(s)

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In all cases listed under the heading "Most common categories of work", the work covered by the fees quoted does NOT include:

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further advice or assistance required in order to ensure full compliance with our initial checklist and/or initial request for documentation and information.  Where specified, these are designed to be comprehensive to suit your circumstances as will already been ascertained by us prior

to their sending.  Accordingly, if any further work is needed in terms of further communication between us when we receive the documentation and information listed in them (in complete form ordered strictly in accordance with them), because the need for any further request(s) could

not reasonably be anticipated by us at the time of our sending these or because we consider a reasonable attempt has not been made to ensure they have been fully adhered to, then we would have to charge for that further time at our standard hourly rate of £275 plus VAT.  We cannot tell

at this stage what that might or might not be, as it would depend on you and the issues which may or may not be raised by you.  However, our initial checklist and/or initial request for documentation and information would be designed to deal with matters comprehensively on the basis

of the information given at our initial consultation, and if you follow them very strictly this should minimise any potential costs over and above

the fixed fee

 

dealing with extraneous queries or advice or assistance on extraneous matters

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preparing schedules of absences from the UK

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appointment booking/uploading scans of documents for/attendance at appointments/advice regarding those things

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further work, where necessary, following submission of your application(s).  (Should any time already spent on extraneous matters mean that

this further work gives rise to the cap of £1000 (plus VAT where applicable) which we have specified for potential extraneous charges being exceeded, the cost of any such further work can be agreed with a further fixed fee or an hourly rate, as appropriate, should the need arise.)

 

VAT (where applicable)

scanning and photocopying charges

UK Government fees, such as the Home Office’s application and appointment fees (please see above) or those of any other third parties

interpreting or translation fees

independent experts’ reports, where required

barristers’ fees, where required;

Royal Mail special delivery postal charges

courier fees, where required

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Most common categories of work

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Partner/family-related, or human rights-related, or ties to the UK-related, applications

 

Spouse/partner - entry clearance visa/switching/extension of leave to remain/indefinite leave to remain (settlement) - £1200 to £1700

 

Long residence - private life - initial/extensions - £1350

 

Long residence - indefinite leave to remain (settlement) - £1350

 

Family member under Appendix FM - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1200 to £1700

 

Applications based on Home Office discretion (non-straightforward or complex) "within the rules"/"outside the rules"/article 8 ECHR - £1200 to £1700

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Hong Kong British National (Overseas) for 30 months - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) -

£1350 to £2000

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Hong Kong British National (Overseas) for 5 years - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1350

to £2000

 

Ancestry - entry clearance visa/switching/indefinite leave to remain (settlement) - £1350 to £2000

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Work/business/skills/finance-related applications

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Sponsor Licences - £2000 to £5000

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SOC code assessments - £250

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Skilled Worker - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £850 to £2500

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Global Business Mobility - entry clearance visa/further leave to remain - £850 to £2500

 

Global Talent - approval letter from a competent body in respect of an initial application for Global Talent  - £1350 to £2500

 

Global Talent - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1350 to £2500

 

Innovator - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1500 to £4000

 

Start-up - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1500 to £4000

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Investor - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £2000 to £4500

 

International sportsperson - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1500 to £4000

 

Representative of an overseas business - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1500 to £4000

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Tier 1 (Entrepreneur) further leave to remain/indefinite leave to remain (settlement) - £1350 to £2500

 

T2 Minister of Religion - entry clearance visa/further leave to remain/indefinite leave to remain (settlement) - £1500 to £2500

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Temporary Worker - entry clearance visa/further leave to remain - £1000 to £1350

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Student applications

 

Student - entry clearance visa/further leave to remain - £1000 to £1350

 

Student - entry clearance visa/further leave to remain - £1000 to £1350

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Post-student applications

 

Graduate visa - switching - £1000 to £1350

 

High Potential Individual visa - £1000 to £1350

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Visitor applications

 

Visitor - entry clearance visa/extension - £1000 to £1350

 

EU-related applications

 

EU Settlement Scheme - pre-settled status/settled status - £1000 to £1500

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Turkish applications

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Turkish worker/businessperson - extensions/indefinite leave to remain (settlement) - £2500 to £4500

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Turkish worker/businessperson - dependant - £1500 to £2000

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Ukraine applications

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Ukraine Family Scheme - entry clearance visa/extension - £900 to £1500

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Homes for Ukraine Scheme - entry clearance visa/extension - £900 to £1500

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Ukraine Extension Scheme - visa or leave to remain extensions - £900 to £1500

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Biometric cards

 

NTL applications - £800 to £1500

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BRP replacement applications - £800 to £1500

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Returning residents

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Visa - entry clearance - £1350 to £2500 

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Citizenship-related applications

 

Naturalisation as a British Citizen - £1000 to £1350

 

Registration as a British Citizen - £1000 to £1700

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Letter of confirmation of British nationality status - £1000 to £2500

 

Application to stay in the UK as a stateless person - £1000 to £2500

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Passport applications

 

First British passport - £400 - £850

 

Asylum/Human Rights protection

 

These applications vary considerably according to the facts of the case and will often require the input of a barrister ("counsel").  We would be happy to give details of a fixed fee or an estimate, as appropriate, prior to or at each stage of the process.

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Appeals, administrative or judicial review and other challenges to decisions

 

Again, these vary considerably according to the facts of the case and will often require the input of a barrister ("counsel").  We would be happy

to give details of a fixed fee or an estimate, if necessary by managing your expectations by way of interim billing, as appropriate or agreed, prior

to or at any stage of the process.

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Sponsor licences

 

Again, these applications vary considerably according to the facts of the case and will often require the input of a barrister ("counsel").  We

would be happy to give details of a fixed fee or an estimate, as appropriate, if necessary by managing your expectations by way of interim billing, prior to or at any stage of the process.

 

 

Expenses or disbursements

 

Disbursements are expenses related to your matter that are payable to third parties, such as courier charges, photocopying, scanning, travel and/or accommodation costs, Counsel's fees, Home Office application and appointment fees, biometric fees, and/or Immigration Health

Surcharge.

These are set out separately on the invoice/note of charges and are subject to VAT where applicable.  In our initial information for prospective clients/retainer letter, we will notify you in advance where VAT is not applicable.

The rate of VAT is presently 20 per cent (which will be added where applicable).

We reserve the right to charge for internal copying at the rate of 25p per sheet plus VAT for A4 and 30p per sheet plus VAT for A3 copies. We usually outsource bulk photocopying and for this you can expect to be charged a broadly similar, or lower, rate.

Courier charges vary depending on the destination and urgency – these could be around between £40 plus VAT and £100 plus VAT.

Travel costs outside London also depend on the destination, and if travelling by train, the time of travel. These will be subject to VAT and charged

at the cost of the ticket.

If it is not possible or feasible to travel and return on the same day there will be a charge for accommodation. This will depend on the

destination or location and availability and accommodation would generally be between £100 and £150 plus VAT per night.

Counsel’s fees depend on experience and complexity of the case and sometimes the location of Counsel.  Counsel’s fees and are usually subject

to VAT.  A typical Counsel's fee for the experienced Counsel whom we would choose to engage for you for half a day to a day's hearing is £450 to £600 plus VAT and for a written opinion or short hearing lasting less than an hour is £250 to £450 plus VAT.  A QC will be more expensive.

Counsel may charge for travel (which will be subject to VAT) and if it is not possible or feasible to travel and return on the same day there will be

a charge for accommodation. Again, this will depend on the destination or location and availability and accommodation would generally be between £100 and £150 plus VAT per night.

We handle the payment of most expenses on your behalf to ensure a smoother process.  However, in the case of Home Office application and appointment fees, biometric fees, and/or Immigration Health Surcharge, where these are applicable, you will have to pay these yourself direct.  Generally, these must be paid by you online at the time of submission of your application, and because these vary enormously and often change with no or little notice, we would advise you where possible of the prevailing required amounts in our retainer letter.  They can range from zero,

or less than £100, to several thousand pounds, per applicant, depending on your precise circumstances and the application or appointment

service which you choose.  

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Termination

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It is important for you to note here: given the necessary advance consideration of your matter and the value of the knowhow, front-loaded

nature of much of the work, and/or professional time involved in this, if our initial request for documentation and information has already been prepared or sent to you, and/or we have already prepared, sent to you, or given you access to, a draft version of your application form, but, for

any reason, your matter does not proceed to completion, our terms and conditions require that we nevertheless have your authority and instructions, if we consider this appropriate: (a) to withdraw from client account any fixed fee element agreed; (b) that you will pay upon being billed for this any outstanding VAT, and/or for the cost (in accordance with our above hourly rate) and/or costs or expenses of further work

which may have been undertaken outwith the fixed fee element, up until the date of termination. 

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OTHER ESSENTIAL INFORMATION - 1. terms of use; 2. privacy; 3. information about our complaints procedure; 4. legal & regulatory
 
1.  TERMS OF USE
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  1. We are McKenzie, and we own and operate this website ('Site') (LAST UPDATED: December 2021).

  2. Your use of the Site is subject to these Terms of Use.  By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use.  McKenzie may make changes to these Terms of Use from time to time.  We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site.  You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” statement above.  Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

  3. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

  4. We reserve the right to restrict your access to the Site or part of it.  Access to restricted areas of the Site may be subject to registration and other conditions.  If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

  5. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free.  In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

  6. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

  7. The Site content on this Site gives general information only as at its stated date or, if none, the date of first publication as, for example, the law may have changed in the meantime.  Also, it is not intended to give a comprehensive analysis on any subject.  The contents of the Site should not be used as a substitute for legal or other professional advice, which should be obtained in specific circumstances.  No warranty or representation is given that any of the content is free from inaccuracies or omissions, or that it is up to date.

  8. To the maximum extent permitted by law, we expressly exclude:
    a. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
    b. any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

  9. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

  10. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes.  Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
    a. use the Site for any fraudulent or unlawful purpose;
    b. use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
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    g. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.  If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
    h. remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
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    j. create a database by systematically downloading and storing Site content;
    k. use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.  Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
    We reserve the right to revoke these exceptions either generally or in specific instances.

  11. The Site contains links to other websites and online resources.  These links are provided for convenience only and do not imply any affiliation with or endorsement by us.  We do not monitor or maintain these linked websites.  McKenzie is not responsible for and does not endorse such external sites or resources.  McKenzie is not responsible for the operation of or for the content on any other such website. Your use of third party websites and resources is at your own risk.  We ask you to read all the copyright and legal notices on each linked website before downloading or printing off items to make sure that you are permitted to do so under the third party’s copyright or legal notices or terms of use.

  12. We may block any links to or from the Site.  Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

  13. These Terms of Use are effective until terminated.  We may, at any time and for any reason, terminate your access to or use of the Site.  If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination.  We and our affiliates shall not be liable for any termination of your access to the Site.

  14. These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

 
2.  PRIVACY

 

McKenzie, Privacy Notice Contents

 

1          Introduction

2          Key Terms

3          Personal Data from interacting with our website

4          Clients' Personal Data

4.1       Personal Data we collect about you

4.2       How your Personal Data is collected

4.3       How and why we use your Personal Data

4.4       Marketing Communications

4.5       Who we share your Personal Data with

4.6       Where your Personal Data is held

4.7       How long your Personal Data will be kept

5          Other parties in client matters.

6          Suppliers' Personal Data

7          Transferring your Personal Data out of the EEA

8          Your rights

9          Keeping your Personal Data secure

10        Links

11        How to complain

12        Changes to this Privacy Notice

13        How to contact us.

 

 

1     Introduction

McKenzie take your privacy very seriously.  Please read this Privacy Notice carefully as it contains important information on who we are and how and why we collect, store, use and share your Personal Data.

It also explains your rights in relation to your Personal Data and how to contact us or the supervisory authorities if you have a complaint.

The Privacy Notice will apply whether you access our website at using a computer, mobile phone, tablet, TV, or other device.

Our use of your Personal Data is subject to your instructions, the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our professional duty of confidentiality.

Further details on the GDPR can be found on the Information Commissioner's website:  https://ico.org.uk

 

2     Key terms in this Privacy Notice

We, us, our, McKenzie, McKenzie, Solicitors: Kevin McKenzie, trading as "McKenzie".

You, your, client, client's: this includes you, your partner, family and/or friends, and the makers of any statements for use or intended use in connection with your matter, where applicable.

Personal Data: Any information relating to an identified or identifiable individual.

Special Category Personal Data: Personal Data relating to racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, health, sexual life, sexual orientation and criminal convictions and offences. 

 

3.    Personal Data from interacting with our website

We collect Personal Data from visitors to this website:

1.    through the use of online form, hyperlinks and the contact page 

2.    when you email us with an enquiry

The Personal Data we collect are name, address, email, telephone number, associated company (if relevant) and any other Personal Data you include.

 

4     Clients' Personal Data

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4.1     Personal Data we collect about you (and your partner, family and/or friends, where applicable)

The Personal Data we collect or may collect in the course of advising or acting for you is below:

Personal Data we collect

Personal Data we may collect depending on why you have instructed us

Your name, address and telephone number

 

Information to enable us to check and verify your identity, e.g., your date of birth or passport details

 

Electronic contact details, e.g., your email address and mobile phone number

 

Information relating to the matter in which you are seeking our advice or representation

 

Your financial details so far as relevant to your instructions

If you are a business:

 

Information provided by you about your business and other individuals (which could include some or all of the individual data below) in connection with any advice we provide to your business.

 

If you are an individual:

 

Your employment status and details including salary and benefits etc.

 

Your tax and national insurance and details

 

Your bank and or or building society details

 

Details of your pension arrangements 

 

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category Personal Data), e.g., if you instruct us on matter related to your employment or in which your employment records are relevant

 

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information

 

Details of your professional online presence, e.g. LinkedIn profile

 

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if you have instructed us on an asylum, human rights protection, or discrimination, claim

 

Medical records, e.g., if you have instructed us on a human rights protection or disability discrimination claim

 

your trade union membership 

 

We need you to provide this Personal Data to enable us to provide our service to you.  If you do not provide the Personal Data we ask for, it may delay or prevent us from providing services to you.

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4.2 How your Personal Data is collected

We collect most of this information from you.  However, we may also collect information:

  • from publicly accessible sources, e.g., Companies House;

  • directly from a third party

  • from a third party with your consent, e.g., consultants and other professionals whom we may engage in relation to your matter or your employer and or or trade union, professional body or pension administrators

  • via our information technology systems, e.g., our case management, document management and time recording systems.

 

4.3 How and why we use your Personal Data

We can only use your Personal Data if we have a proper reason for doing so:  

  • for the performance of our contract with you or to take steps at your request before entering into a contract

  • to comply with our legal and regulatory obligations

  • for our legitimate interests or those of a third party or

  • you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your Personal Data for and our reasons for doing so:

 

What we use your Personal Data for

Our reasons

 

 

Providing you with legal advice and services

For the performance of our contract with you or to take steps at your request before entering into a contract

 

Conducting checks to identify our clients and verify their identity

 

Other processing necessary to comply with our professional, legal and regulatory obligations. e.g., rules issued by our professional regulator

 

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

 

In some circumstances we are under a legal duty to disclose information to the National Crime Agency (NCA) or other enforcement agencies.  If we make a disclosure we will usually not be able to tell you about it or the reasons for the disclosure.

 

To comply with our legal and regulatory obligations

Operational reasons, such as improving our efficiency, training and quality control

For our legitimate interests or those of a third party

 

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party

 

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, e.g., financial performance, client base, work type or other efficiency measures

 

For our legitimate interests or those of a third party

 

Keeping our central records up-to-date including updating and enhancing client records and managing our business

For the performance of our contract with you or to take steps at your request before entering into a contract

 

To comply with our legal and regulatory obligations

 

For our legitimate interests or those of a third party

Dealing with regulatory obligations

To comply with our legal and regulatory obligations

External audits and quality checks, e.g., SRA and the audit of our accounts

For our legitimate interests or a those of a third party

 

To comply with our legal and regulatory obligations

Marketing

For our legitimate interests - see below

 

Please note that the table above does not apply to Special Category Personal Data, which we will only process with your explicit consent.

 

4.4 Marketing communications

We may on occasion use your Personal Data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services.

We have a legitimate interest in processing your Personal Data for marketing purposes (see above).  This means we do not usually need your consent to send you marketing communications.  However, where consent is needed, we will ask for this consent separately and clearly.

We do not sell or share your Personal Data with other organisations for marketing purposes.

You have the right to opt out of receiving marketing materials at any time by contacting us by telephone or email to unsubscribe or update your marketing preferences to kmckenzie@kmckenzie.co.uk

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

 

4.5 Whom we share your Personal Data with

We share Personal Data with:

  • professional advisers who we instruct on your behalf or refer you to, e.g., barristers, accountants, tax advisers, expert witnesses or other experts

  • other third parties where necessary to carry out your instructions, e.g., Companies House

  • the courts and tribunals

  • our insurers and or or brokers

  • external auditors, e.g., SRA and the audit of our accounts

  • our bank

  • external service suppliers, representatives and agents that we use to make our practice more efficient, e.g., typing or copying services or document collation or analysis

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

 

4.6 Where your Personal Data is held

We will store your Personal Data on our Case Management System, our email system, in Outlook and on digital and paper files.

Information may be held at our office and those of our third-party agencies, service providers, representatives and agents as mentioned at 4.5 above.

 

4.7 How long your Personal Data will be kept

We will keep your Personal Data after we have finished advising or acting for you for one of these reasons:

  • to respond to any questions, complaints or claims made by you or on your behalf

  • in accordance with our retainer with you

  • to show that we treated you fairly

  • to keep records required by law

We will not retain your data for longer than necessary for the purposes set out in this Notice.  Different retention periods apply for different types of data and we will retain data for our legitimate interests or those of a third party or to comply with our legal and regulatory obligations (generally 7 years).  When it is no longer necessary to retain your Personal Data, we will delete, destroy or anonymise it.

 

5    Other parties' Personal Data in client matters

We will collect the following Personal Data in relation to the other side in Client matters:

  • Name, address and contact details

  • Other Personal Data to allow us to progress our Client's matter.

We will store this Personal Data either on our Case Management System, our email system, and on digital and paper files.

We have a legitimate interest in processing this Personal Data as it is required for us to properly perform our contract with our Client.

In addition, on a particular matter, we may process Personal Data in relation to other third parties involved, e.g., lawyers, experts etc.  This is again necessary for us to be able to advise our Clients and be able to properly perform our contract with them.

We will not retain your data for longer than necessary for the purposes set out in this Notice. 

Different retention periods apply for different types of data and, when it is no longer necessary to keep your Personal Data, we will delete or anonymise it.

 

6    Suppliers' Personal Data

We will collect:

1. Name, business name and address and other business information

2. Financial details

Such Personal Data is necessary for the purposes of fulfilling our contract with you.

We will not retain your data for longer than necessary for the purposes set out in this Notice.

Different retention periods apply for different types of data and when it is no longer necessary to keep your Personal Data, we will delete or anonymise it.

 

7    Transferring your Personal Data out of the EEA

We do not transfer Personal Data outside the EEA.

 

8    Your rights

You have the following rights which you can exercise free of charge:

 

Access

to be provided with a copy of your Personal Data

 

Rectification

to require us to correct any mistakes in your Personal Data

 

To be forgotten

to require us to delete your Personal Data but only in certain situations

 

Restriction of processing

to require us to restrict processing of your Personal Data but only in certain circumstances, e.g., if you contest the accuracy of the data

 

Data portability

to receive the Personal Data you provided to us, in a structured, commonly used and machine-readable format and or or to transmit that data to a third party again, but only in certain situations

 

To object

to object:

  • to your Personal Data being processed for direct marketing (including profiling)

  • in certain other situations to our continued processing of your Personal Data, e.g., processing carried out for the purpose of our legitimate interests

 

Not to be subject to automated individual decision-making:

not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

 

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the Information Commissioner's (ICO)'s office on individuals' rights under the General Data Protection Regulation.

 

If you would like to exercise any of those rights, please:

  • email, call or write to us - (see below); and

  • let us have enough information to identify you (e.g. your full name, address and client or matter reference number, if you are a client);

  • let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and

  • let us know what right you want to exercise and the information to which your request relates.

 

If you wish to enforce any of your rights, please see paragraph 13.  We will respond to your request without any undue delay and by no later than one month from receipt of any such request unless a longer period is legally permitted and only if legally permitted in limited circumstances, we may charge a reasonable fee for dealing with your request and in this case, we will notify you.

 

9    Keeping your Personal Data secure

We have appropriate security measures to prevent Personal Data from being accidentally lost or used or accessed unlawfully.

We limit access to your Personal Data to those who have a genuine business need to access it.  They will do so only in an authorised manner and are subject to a duty of confidentiality.  However, please note that although we take appropriate steps to protect your personal data, no website, product, device, online application or transmission of data, computer system or wireless connection is completely secure, and we cannot therefore guarantee the security of your personal data.

We also have procedures in place to deal with any suspected data security breach.  We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

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10  Links

This website contains links to other websites that are not operated by us or under our control and we cannot be responsible for their privacy practices or their content.  If you use a third-party website then any Personal Data collected by it will be subject to their privacy policy which you should check before providing any personal data.

 

11  How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to complain to a supervisory authority and in the UK, this is the Information Commissioner who may be contacted at:

https://ico.org.uk

https://ico.org.uk/make-a-complaint/

tel: 0303 123 1113.

 

12  Changes to this Privacy Notice

We reserve the right to make any changes to this Notice from time to time without notifying you.

 

13  How to contact us

If you have any questions about the collection, processing or use of your personal data or if you wish to enforce your rights, please contact us by post, email or telephone.

Our contact details are:

Kevin McKenzie

83B Albany Street

London

NW1 4BT

tel 07901 558466

kmckenzie@kmckenzie.co.uk

​

​

3.  INFORMATION ABOUT OUR COMPLAINTS PROCEDURE

​

We want to give you the best possible service.  However, if at any point you become unhappy or concerned about the service we have provided, then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance, it may be helpful to contact Kevin to discuss your concerns, and he will do his best to resolve any issues at this stage.  If you would like to make a formal complaint, then you can read our full complaints procedure below.  Making a complaint will not affect how we handle your case.

​

WHAT TO DO IF WE CANNOT RESOLVE YOUR COMPLAINT

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves.  They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:

  • Within six months of receiving a final response to your complaint;

and

  • No more than six years from the date of act/omission; or

  • No more than three years from when you should reasonably have known there was cause for complaint.

If you would like more information about the Legal Ombudsman, please contact them.

​

CONTACT DETAILS

Visit: www.legalombudsman.org.uk

Call: 0300 555 0333 between 9.00 to 17.00.

Email:enquiries@legalombudsman.org.uk

Address: Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ

​

WHAT TO DO IF YOU ARE UNHAPPY WITH OUR BEHAVIOUR

The Solicitors Regulation Authority can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.

Visit their website to see how you can raise your concerns with the Solicitors Regulation Authority

​

COMPLAINTS PROCEDURE

We are committed to providing a high-quality legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

You won't be charged for us handling a complaint and it won't affect how we handle your case.

We have eight weeks to consider your complaint. If we have not resolved it within this time you may complain to the Legal Ombudsman.

If you have a complaint, please contact us with the details.

What will happen next?

  1. We will aim to write to you acknowledging receipt of your complaint within two working days of receiving it and providing you with a copy of this procedure.

  2. We will then investigate your complaint. This will normally involve passing your complaint to Roberta Sacaloff (or an independent lawyer if Roberta is not available), who will review your matter file and speak to Kevin

  3. Roberta (or the independent lawyer) will then invite you to a meeting to discuss and hopefully resolve your complaint.  They will aim to do this within 14 days of sending you the acknowledgement letter.

  4. Roberta (or the independent lawyer) will aim to write to you within three days of the meeting to confirm what took place and any solutions they have agreed with you.

  5. If you do not want a meeting or it is not possible, Roberta (or the independent lawyer) will send you a detailed written reply to your complaint, including his suggestions for resolving the matter, normally within 21 days of sending you the acknowledgement letter.

  6. At this stage, if you are still not satisfied, you should contact us again and we will arrange for the decision to be reviewed or, if we feel it appropriate, an alternative, such as review by another local solicitor or mediation to review the decision.

  7. We aim to write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.

  8. If you are still not satisfied, you can then contact the Legal Ombudsman about your complaint.

The address is: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ

The website is at www.legalombudsman.org.uk

For further information, you can phone on 0300 555 0333 or email to enquiries@legalombudsman.org.uk

Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint and within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).

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4.  LEGAL & REGULATORY

​

Introduction

​

McKenzie is a firm of solicitors authorised and regulated by the Solicitors Regulation Authority ("SRA"), whose rules can be found on their website at www.sra.org.uk. The firm's SRA number is 304045.

The sole principal of McKenzie is Kevin McKenzie and his consultant is Roberta Sacaloff.  Both are Solicitors of the Senior Courts of England and Wales.

McKenzie's offices are situated at 83B Albany Street, London NW1 4BT.

McKenzie is registered for VAT purposes with VAT registration number 736 3472 25.

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Financial Services

​

None of McKenzie's legal services relate to investments and accordingly we are not authorised by the UK Financial Conduct Authority ("FCA").

​

Complaints

​

In accordance with our client care responsibilities we have a written complaints procedure and aim to ensure that any complaints are handled promptly, fairly and effectively in accordance with it.  In the event of a problem, a client is entitled to complain and the client will be advised to whom within the firm to complain. In the case of a client who is an individual or is or represents a small enterprise, charity, club, association, organisation or trust, if for any reason we are unable to resolve a problem between ourselves and the client, the client may refer the matter to the Legal Ombudsman.  For further details, visit their website at www.legalombudsman.org.uk

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Indemnity Insurance

​

Details of our compulsory professional indemnity insurance are as follows. Our insurer is Travelers Insurance Company Limited, One Creechurch Place, London EC3A 5AF; Policy Number UC SOL 3719037.  The territorial coverage is worldwide.

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Use of the Website

​

When you visit the Website the server of the Website host will record your IP address together with the date, time and duration of your visit.  An IP address is an assigned number which allows your computer to communicate over the Internet.  It does not identify you as an individual. We may use this information to compile statistical data on the use of the Website.

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