Terms & Conditions

1. About EqualJustice

EqualJustice is a McKenzie Friend service operated by Eugene Pienaar, trading as EqualJustice, of [INSERT ADDRESS], England.

Eugene Pienaar is a Solicitor of the Supreme Court of England and Wales (admitted 2002) operating on a non-practising basis. EqualJustice is not regulated by the Solicitors Regulation Authority, the Bar Standards Board, or any other legal regulatory body in respect of the services provided under these Terms.

EqualJustice holds Professional Indemnity Insurance. Details are available on request.

References to "we", "us" and "our" in these Terms mean EqualJustice and Eugene Pienaar. References to "you" and "your" mean the person instructing EqualJustice.

2. Scope of services

EqualJustice provides McKenzie Friend support services to litigants in person in England and Wales. Services may include any combination of the following, as agreed in writing in your Engagement Confirmation:

• Case review and written strategy advice
• Preparation of legal documents including skeleton arguments, position statements, witness statements, chronologies, hearing scripts, and letters before action
• Court bundle organisation and preparation
• Attendance at court hearings as a McKenzie Friend
• Attendance at small claims hearings as a lay representative (where permitted by the court)
• Attendance at employment tribunal hearings as a lay representative
• Ongoing monthly support as agreed
• General procedural guidance and case support

The specific services to be provided, the fixed fee, and the scope of each instruction will be confirmed in writing in your Engagement Confirmation before any work begins.

3. What EqualJustice does not do

• Acting as your solicitor or legal representative
• Providing formal legal opinions or regulated advice under the Legal Services Act 2007
• Conducting litigation on your behalf (including signing court documents, issuing proceedings, or corresponding with the court in your name)
• Exercising rights of audience before any court, unless specifically granted by the court on the day
• Providing advice on whether you have a cause of action or a defence
• Money laundering compliance checks (which are required of regulated solicitors)
• Acting as your agent outside court proceedings

If you require any of the above, you should instruct a practising solicitor or barrister.

4. The scoping call

Before any instruction is accepted, EqualJustice offers a free 10-minute scoping call. The purpose of the scoping call is to assess whether EqualJustice can assist with your matter and to identify the services that may be appropriate.

No legal advice is given during the scoping call. No client relationship is created by the scoping call alone. No obligation arises on either side until an Engagement Confirmation has been issued and accepted.

EqualJustice reserves the right to decline any instruction at or following the scoping call, including where the matter falls outside our current scope, where we consider that we cannot assist effectively, or for any other reason at our absolute discretion.

5. Engagement and fees

Every instruction begins with a written Engagement Confirmation issued by EqualJustice. The Engagement Confirmation sets out:

• The specific services to be provided
• The fixed fee agreed for those services
• Any scope limitations or exclusions
• The expected timeline or hearing date (if applicable)
• Payment terms

No work will commence until the Engagement Confirmation has been accepted by you in writing (which may be by email) and payment or a deposit received as specified.

All fees are fixed and agreed in advance. EqualJustice does not charge by the hour. The fee stated in your Engagement Confirmation is the total fee for the services described, unless the scope changes by agreement in writing.

Fees do not include VAT as EqualJustice is not currently VAT registered. If VAT registration status changes, you will be notified in advance.

Out-of-pocket expenses reasonably incurred in connection with your matter (such as travel to a court outside our standard area) will be agreed in advance and specified in the Engagement Confirmation or a variation to it.

6. Payment terms

Payment is due as specified in your Engagement Confirmation. For most fixed-fee document services, payment in full is required before work begins. For court attendance, a deposit of 50% is required on confirmation, with the balance due 48 hours before the hearing date.

For monthly support packages, payment is due monthly in advance. There is no minimum term — you may cancel at any time on written notice (see clause 7).

Payment may be made by bank transfer to the details provided in your Engagement Confirmation. EqualJustice does not accept cash.

Where payment is not received by the due date, EqualJustice reserves the right to suspend services until payment is received.

7. Cancellation and refunds

Your right to cancel — Consumer Contracts Regulations 2013

If you are a consumer (an individual acting outside a business context), you have the right to cancel this contract within 14 days of accepting the Engagement Confirmation, without giving any reason. This is your statutory cancellation right.

If you request that work begins within the 14-day cancellation period, you acknowledge that you may be charged for work already completed if you subsequently cancel. You will not be charged for work not yet started.

To exercise your right to cancel, please notify us in writing at eugene.pienaar@proton.me.

Cancellation by you after 14 days

If you cancel an instruction after the 14-day period:

• For document services — where work has not yet commenced, a full refund will be given. Where work is partially complete, a proportionate fee for work done will be retained and any balance refunded.
• For court attendance — if cancelled more than 7 days before the hearing, the deposit will be refunded less any preparation costs incurred. If cancelled within 7 days of the hearing, the deposit is non-refundable.
• For monthly support — you may cancel at any time on written notice. No refund of the current month's fee will be given, but no further monthly fees will be charged.

Cancellation by EqualJustice

EqualJustice may cancel an instruction at any time on written notice. In such circumstances, a full refund of any fees paid for work not yet completed will be provided.

8. Your responsibilities

To enable EqualJustice to assist you effectively, you agree to:

• Provide full, accurate, and complete information about your case, including all relevant documents, dates, and correspondence
• Notify EqualJustice promptly of any changes to your case, including new court orders, hearing dates, or developments
• Respond to requests for information or instructions in a timely manner
• Not mislead EqualJustice about the facts of your case
• Ensure that you attend any hearing at which EqualJustice is attending as your McKenzie Friend — a McKenzie Friend cannot attend in your absence
• Notify the court and all other parties of EqualJustice's attendance in advance, as required by the Practice Direction on McKenzie Friends
• Comply with all court orders and directions

EqualJustice accepts no liability for any adverse outcome caused by inaccurate or incomplete information provided by you, or by your failure to comply with court directions or the requirements of these Terms.

9. Confidentiality

EqualJustice treats all information relating to your case as strictly confidential. We will not disclose your personal information or case details to any third party without your consent, except:

• Where required by law or by order of a court
• Where disclosure is necessary to prevent serious harm to you or others
• To our Professional Indemnity insurers in connection with a claim or potential claim

Please note that communications between you and your McKenzie Friend are not protected by legal professional privilege. This means that in certain circumstances, communications between you and EqualJustice may be disclosable in legal proceedings. This is an important distinction from the position of a regulated solicitor. If privilege is important in your case, you should discuss this with a practising solicitor.

All email correspondence is conducted via ProtonMail, which provides end-to-end encryption. WhatsApp voice notes and messages are also end-to-end encrypted. These measures protect your communications in transit, but do not create legal professional privilege.

10. Limitation of liability

EqualJustice holds Professional Indemnity Insurance. Our liability to you in respect of any claim arising from the services provided is limited to the amount covered by that insurance policy in force at the relevant time.

Subject to that, our total liability to you for any loss, damage, or claim arising from or in connection with the services provided under these Terms shall not exceed the total fees paid by you to EqualJustice in connection with the relevant instruction.

EqualJustice shall not be liable for:

• Any loss of a case, claim, or legal proceedings
• Any consequential, indirect, or special loss
• Any loss arising from information or instructions you provided that were inaccurate or incomplete
• Any court decision, order, or judgment
• Any action or omission of a court, judge, or other party
• Any loss arising from a court refusing to permit EqualJustice to attend as McKenzie Friend

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud, or any other matter that cannot be limited or excluded by law.

11. Outcomes and no guarantee

12. Court attendance

Where EqualJustice attends court as your McKenzie Friend, the following applies:

• EqualJustice will notify the court in advance of our attendance where required and assist you in doing so
• EqualJustice acts in accordance with the Practice Guidance: McKenzie Friends (Civil and Family Courts) issued by the Master of the Rolls and President of the Family Division
• A court may refuse to permit a McKenzie Friend to attend or may ask them to leave. If this occurs, EqualJustice will comply with the court's direction. No refund of attendance fees will be due in such circumstances, except where the refusal is due to EqualJustice's own conduct
• EqualJustice does not have, and will not exercise, any right of audience unless specifically granted by the court for that hearing
• EqualJustice will not address the court, examine witnesses, or conduct litigation unless granted permission to do so by the court
• You must be present at any hearing where EqualJustice attends

13. Termination

Either party may terminate an instruction at any time on written notice. The consequences of termination are set out in clause 7 (Cancellation and refunds).

EqualJustice may terminate an instruction immediately and without notice if:

• You provide materially false or misleading information
• You ask EqualJustice to act in a way that is improper, misleading to the court, or contrary to the Practice Direction on McKenzie Friends
• You behave in a threatening or abusive manner toward EqualJustice
• A court orders EqualJustice to cease acting as McKenzie Friend

In the event of termination by EqualJustice for cause, fees paid for work already completed will be retained and the balance refunded.

14. Complaints

EqualJustice is committed to providing a high-quality service. If you are dissatisfied with any aspect of our service, please contact us in the first instance by email at eugene.pienaar@proton.me, setting out the nature of your complaint.

We will acknowledge your complaint within 3 working days and aim to provide a substantive response within 14 working days.

Please note that because EqualJustice is not a regulated law firm, you do not have access to the Legal Ombudsman or the SRA complaints process. However, if you are a consumer, your rights under the Consumer Rights Act 2015 apply to the services we provide.

If you are a member of the Society of Professional McKenzie Friends (SPMF), additional complaints routes may be available through that body.

15. Consumer rights

If you are a consumer (acting outside the course of a business), the Consumer Rights Act 2015 applies to the services we provide. Under that Act, services must be provided with reasonable care and skill. If services are not provided to that standard, you may be entitled to a repeat performance or, where that is not possible, a price reduction.

The Consumer Contracts Regulations 2013 also apply to contracts made at a distance (including online and by telephone), giving you the cancellation rights described in clause 7.

16. Governing law

These Terms and any contract formed under them are governed by the law of England and Wales. Any dispute arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Changes to these Terms

EqualJustice may update these Terms from time to time. The version applicable to your instruction is the version in force at the date your Engagement Confirmation is issued. Updated Terms will be posted on this website and dated accordingly.

If you have any questions about these Terms, please contact us at eugene.pienaar@proton.me before instructing us.