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Our duty of care (both at common law and under contract) is to our clients and to our clients alone and to no other party even if that other party is involved in assisting, directly or indirectly, in the particular matter.
Our advice is for the sole use of our clients and does not constitute advice to any third parties to whom it is or may be communicated such as the directors or employees or advisers of our clients. Unless we agree in writing to accept you as a client you will not be a client of Ccall and Ccall excludes to the fullest extent permitted by law any duty of care to all others.
No persons or companies or other bodies (other than our clients for whom we have agreed to act) may look to us for advice or to consider any aspects of any matter from their perspective. All persons who are not clients of Ccall are specifically put on notice that they may not rely on Ccall or any its directors, employees, staff, consultants, agents, or partners for advice.
In addition, we specifically exclude any duty of care to persons (other than our clients for whom we have agreed to act) telephoning or emailing or contacting us through our website or otherwise contacting us seeking advice. We will only owe you a duty of care if we agree to act and accept formal instructions as demonstrated by us confirming so in writing.
We exclude all duties of care to those persons other than our clients for a number of reasons which include, but are not restricted to, any conflict or potential conflict of interest.
If you are connected with any of our clients (eg by virtue of being an agent, director, employee consultant or an authorised representative) and you are in doubt about the contents of any documentation or your position then you ought to take independent legal advice at the appropriate time from a suitable adviser. This might arise at the beginning of a transaction or at any time during it especially if at any stage you are asked to take on any personal obligations or provide any personal guarantees or similar obligations in respect of the obligations of your company or to others. In those circumstances, you should take particular care and independent advice (from an independent solicitor from an unrelated firm) so that you can fully comprehend and appreciate any personal liabilities or potential exposure to liabilities which you have been asked to take on. These are very important and become even more so when things don’t go as planned.