SERVICE AGREEMENT FOR IJUSTICE

MoneyClaimsUK and PossessionClaimsUK are trading names of iJustice Limited.

iJustice Limited (company number 03960907). The registered address is 44 Bradford Road, Idle, West Yorkshire, BD10 9PE.

YOUR OBLIGATIONS

You agree to use the online iJustice system for correspondence, communications, instructions and documents (the management of your case).

We are unable to accept instructions, information or communications by email.

As the Litigant in Person you may receive communications and information direct from the other party and other third parties during your claim process. If your claim has reached court you will receive communications and directions direct from the court. It is your responsibility to upload such communications and information onto the iJustice system. Failure may result in withdrawing service on the grounds of not having full and timely disclosure.

You agree to keep up to date your chosen contact methods on the iJustice system (email address, landline number and mobile number).

You warrant that you will comply with the Data Protection Act 1998 in respect of data and warrant you have obtained all necessary consents for the data to be disclosed to iJustice, non-payers and their advisers for the purpose of the services.

You will ensure that all data is complete and accurate and iJustice shall not be liable for any failure to provide the services due to any incomplete or inaccurate data.

You commit to follow Pre-action Protocol, the Civil Procedure Rules (CPR) and Practice Directions to the best of your ability.

PAYMENT

The appropriate service fee or listing subscription shall be paid in cleared funds before iJustice is obliged to commence provision of the services in relation to a case or professional listing in the "Professional Directories".

INTERNATIONAL CLAIMANT

Litigants in Person outside the United Kingdom (international claimants) using iJustice to manage their claim will be subject to the following:-

  • £54 administration fee
  • Court fees can be paid to iJustice free by bank transfer, cheque subject to 7 days clearance and £5 admin fee, or by PayPal which will incur appropriate PayPal fees.

INTERNATIONAL DEFENDANT

Where the defendant is resident outside the United Kingdom (international defendant) the claimant will be subject to the following:-

  • £54 administration fee

IJUSTICE OBLIGATIONS

iJustice agrees to provide Professional Listings on an annual subscription basis in return for the fee.

iJustice agrees to provide the Claimant Service(s) on a case by case in return for the fee.

iJustice shall perform the services with all reasonable care and skill. In respect of each case, the iJustice services will terminate:

  • when the Client closes the case, or
  • where the court or enforcement process has been exhausted, or
  • the court process cannot proceed without the services of a solicitor.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law.

INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE OF THE TECHNOLOGY

You acknowledge and confirm that all Intellectual Property Rights in or relating to the technology shall be and shall remain the absolute property of iJustice.

iJustice grants to you a non-exclusive licence to use the technology solely for the purpose of enabling iJustice to provide the services.

You shall not use the technology to perform any tasks not relating to iJustice, their services or the services of other professional providers through iJustice.

Although iJustice is dedicated to establishing and maintaining all related systems and internet technologies utilised, it makes no guarantees regarding the quality or quantity of products, services or work supplied via the technology.

CONFIDENTIAL INFORMATION

iJustice shall keep secret and confidential and shall not (save as may be required or permitted under the provisions of the Data Protection Act 1998) disclose to any third party other than third parties assigned to the case by you, the data, report data or any information relating to your business or affairs of which it acquires in the course of providing the services.

The obligation set out shall not apply to information which is in or enters the public domain otherwise than as a result of a breach by iJustice of its confidentiality obligations hereunder.

Where personal data is to be supplied or disclosed to iJustice by you, iJustice shall ensure that such personal data will at all times be used only as instructed by you.

iJustice confirms that it has and will at all times have appropriate technical and organisational measures in place to protect any personal data assessed or processed by it against unauthorised or unlawful processing, accidental loss or destruction, or damage.

LIABILITY AND INDEMNITY

You will indemnify iJustice from and against all costs (including the costs of enforcement), expenses, liabilities, injuries, losses (which includes direct, indirect and consequential losses and loss of profit), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which iJustice incurs or suffers as a consequence of:

  • iJustice committing any breach or potential breach of the Human Rights Act 1998 by carrying out the services on your instructions;
  • the data being inaccurate;
  • you using the Report Data in any way not in compliance with the laws of England and Wales any other breach by you of any warranty or any of its obligations under this Agreement.

iJustice shall in no circumstances be liable to you for any Consequential Loss. “Consequential Loss” means pure economic loss, loss of profit, loss of business and like loss, whether direct or indirect.

FORCE MAJEURE

Neither party shall be liable to the other for any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control of that party.

PRE-ACTION® ADR® SERVICE

The pre-action® ADR® service:

You submit the data regarding the case to iJustice.

You pay the case fee in cleared funds to iJustice.

  • small claims track - claim does not exceed £10,000 or for non money claims - fee £240
  • fast track - claim does not exceed £25,000 - fee £300
  • multi track - claim exceeds £25,000 - fee £360

On receipt of the case fee in cleared funds, iJustice commences sending the scheduled letters and copyright documents giving access to these on-line to you/your advisers and the other party/their advisers.

Where the claimant is resident outside the UK the iJustice PO Box will be used as the correspondence address: PO Box 746 Harrogate North Yorkshire HG1 9PU.

Where communication is established the report data is collected by the system, which transmits it to you or the paper documents are sent to you by the other party/their advisers through the post.

The scheduled letters in relation to the particular other party are stopped where communication with you is established.

The use of the technology can continue as part of the agreed ADR solution until the case is closed.

Where the defendant fails to agree settlement the service generates a draft N1 claim form, joint evidence pack (JEP®) and our statement of truth in support of your claim ready for you to send to the court.

Where the defendant settles after you issue proceedings the service can be used to generate your discontinuance letter.

Where the defendant fails to file an acknowledgement of service within the time specified, or files an acknowledgement but fails to file a defence of the claim within the specified time the service can generate your request for default judgment for the court where you think the defendant's defence is not valid the service can generate your request for summary judgment for the court.

TRACING SERVICE

You pay the service fee In cleared funds to iJustice.

  • service fee £120

On receipt of the service fee in cleared funds, iJustice commences the trace process.

ATTACHMENT OF EARNINGS APPLICATION

You pay the service fee In cleared funds to iJustice.

  • service fee £120

On receipt of the service fee in cleared funds, iJustice commences the application giving access to you online through the process.

CHARGING ORDER APPLICATION

You pay the service fee In cleared funds to iJustice.

  • service fee £120

On receipt of the service fee in cleared funds, iJustice commences the application giving access to you online through the process.

ORDER TO OBTAIN INFORMATION APPLICATION

You pay the service fee In cleared funds to iJustice.

  • service fee £120

On receipt of the service fee in cleared funds, iJustice commences the application giving access to you online through the process.

THIRD PARTY DEBT ORDER APPLICATION

You pay the service fee In cleared funds to iJustice.

  • service fee £120

On receipt of the service fee in cleared funds, iJustice commences the application giving access to you online through the process.

TRANSFERUP SERVICE

The “TransferUp” service (the transfer of CCJ to the High Court for enforcement only):

You pay the service fee and statutory court fee in cleared funds to iJustice.

  • service fee £30
  • statutory court fee £60

On receipt of the service fee and statutory court fee in cleared funds, iJustice commences the transfer of your County Court Judgment to the High Court for enforcement only giving access to you online.

The service allocates an appropriate High Court Enforcement Officer for enforcement for the Litigant in Person.

You will be required to agree separately to the terms and conditions of the allocated High Court Enforcement Officer. These terms and conditions will be supplied directly from the allocated High Court Enforcement Officer.

PROFESSIONAL DIRECTORIES

The "Directories" are the listings of professionals, listed on iJustice and iJustice websites, categorised into:-

  • Expert Witnesses
  • Barristers
  • McKenzie Friends

The Directories are free to browse and bookmark through the iJustice website.

Any copyrights not expressly granted herein are reserved. Without prior written permission of iJustice reproduction, transfer, storage or distribution of part or all of the contents of the directories in any form is prohibited.

Your continued use of iJustice constitutes your acceptance of these Terms. Should you object to any of these Terms you must immediately cease your use of iJustice.

The information contained on the website(s) should not be regarded as legal advice. It should not be regarded as a substitute for legal, or other professional advice.

Advertising members are responsible for their own pages. For this reason iJustice reserves the right to exclude members. Such exclusion will be at our sole discretion and it may be on a permanent or temporary basis. An excluded member will be notified. Thereafter an excluded member must not use the website(s), whether in their own name, under any other name or through any other user.

iJustice does not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided.

iJustice disclaim to the fullest extent permitted by law all liability and responsibility for any direct or indirect loss or damage, including but not limited to loss of reputation, business, loss or corruption of date, and any consequential loss, which may be suffered by any user through relying on anything contained in or omitted from this website. If iJustice is found to be liable, its liability shall be limited to £100.

60 DAY RULE

Claims / instructions maybe be closed and/or deleted after 60 days of inactivity.

OTHER SUPPLIERS / PROVIDERS

Additional services from other professional suppliers instructed over the iJustice platform fall under each suppliers Terms and Conditions for each instruction.


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