ࡱ> OQNq` bjbjqPqP eH::   $@P4$X|@      $Uh DDYOOOOOO Zq"=j|o0,q!Jq!q!ODD^@@@ @@@@@@ Legal Services External Legal Costs Policy This policy is intended to provide guidance on when costs incurred with the Universitys Panel Law Firms (see Appendix A for details) are to be met by the Legal Services External budget or by School or Services budgets. It is recognised that there will be instances where the distinction is not entirely clear cut these should be referred in the first instance to the Head of Legal Services. 1) All instructions on new matters to Panel Law Firms should be approved by and routed through Legal Services. It may be that the matter can be dealt with fully or partially by Legal Services in-house. There is no charge for work undertaken by Legal Services. 2) Where Legal Services are unable to advise in-house for reasons of expertise or capacity, or considers that a second opinion would be beneficial, Legal Services will outsource the work to the appropriate Panel Law Firm (dependent upon type of work). The decision whether or not to refer work externally will be at the discretion of Legal Services and will be based on business need rather than cost. 3) In non-urgent matters Legal Services will agree an estimate with the Panel Law Firm and, where costs are to be met by Schools and Services, notify the relevant instructing person of the estimated costs prior to authorising the work. Where advice is required very urgently and/or it is not practical to agree a costs estimate (eg if the scope of the instruction is not yet known) Legal Services will obtain the advice and then agree costs as soon as practical. 4) Legal Services will be responsible for receiving and checking all invoices from Panel Law Firms (and any other legal firm). Legal Services will judge the reasonableness of any charges incurred which exceed the estimate provided and, where such additional charges are not considered reasonable, seek to negotiate a costs reduction with the Panel Law Firm. 5) Responsibility for meeting external legal costs will be as set out in the following table: Type of workPayment of external costsCapital build projectsAll external legal costs related to a capital build project will be payable from the budget for that project.Other University projectsAll external legal costs related to other projects (eg procurement advice, contract review) will be payable from the project budget.Sale/Purchase/Lease of landAll external legal costs related to the sale of land will be deducted from the sale proceeds. All external legal costs related to the purchase of land will be payable from the Legal Services budget. All external legal costs related to the lease of land will be payable by the business area or School benefiting from the lease. Template contracts and contract reviewWhere a contract is required for the purposes of a particular business area or specific School initiative and/or the benefit of that contract will be predominantly derived by that business area or School, external legal costs will be payable by the business area or School. Note: In limited circumstances, where Legal Services considers that a particular contract template may be of benefit to other Schools or Services in future it may agree to split the costs equally between the Service/School budget and the Legal Services budget. In this way Legal Services will develop a bank of precedent documents and will be able to undertake more work in-house, thus generating potential future savings to all Services and Schools.Staff issuesExternal legal costs incurred in defending and settling Employment Tribunal claims will be payable from the Legal Services budget. In exceptional circumstances, and with the agreement of the relevant Head/Director of Service or School, external legal costs may be payable by the employing School or Service. External legal costs incurred in relation to the negotiation of compromise agreements (non-tribunal related) will be payable by the employing School or Service unless, there are extenuating reasons why the costs should be met from the Legal Services budget. Student claimsExternal legal costs incurred in defending claims brought against the University by students or former students will be payable from the Legal Services budget. In exceptional circumstances, and with the agreement of the relevant Head of School, external legal costs may be payable by the relevant School.Ad hoc external legal adviceWhere the issue relates to a particular business area or School, costs over 500 plus VAT will be payable by the relevant business area or School. Where the Head of Legal Services considers that the issue is of institution-wide significance or importance costs will be payable by the Legal Services budget. 6) Any invoices payable by Services and Schools will be sent by Legal Services directly to the authorised instructing person. That person will be responsible for ensuring timely payment of the relevant invoice. 7) Any queries relating to Panel Law Firm invoices should be raised with Legal Services and not with the Panel Law Firm. LEGAL SERVICES PANEL LAW FIRMS AREA OF WORKPRIMARY PROVIDERSECONDARY PROVIDERProperty & Estates MICHELMORESBURGES SALMONEmployment & HR PINSENT MASONSEVERSHEDSCommercial/Contractual/IP EVERSHEDSASHFORDSHigher Education Issues MARTINEAU PINSENT MASONS All instructions to panel law firms must be directed initially through Legal Services via Heads of School or Service or other nominated contact point. Instructions will normally be placed with the Primary Provider. The Secondary Provider will be used in the event of a conflict of interest.  In the unlikely event of that agreement cannot be reached the matter shall be referred to the Director of Finance and Corporate Services whose decision shall be final.     CONFIDENTIAL -/JRY b - ! 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