Terms of Business (England and Wales)

Introduction

 

We are committed to the consistent, reliable and speedy delivery of specialist legal services in all aspects of employment law and practice. It is important to set out clearly what you can expect of us and what we will ask of you in return.

 

We rely on you to provide us with all information relevant to your case. We also rely on you to advise us as soon as possible of any change in circumstances that might affect the case in progress.

 

You will have a named member of our team with responsibility for the conduct of your case. This person will be identified in your letter of engagement and will normally be your first point of contact for any questions about your case.

 

Instructions

 

We need to have full details of all relevant matters so that we can advise and/or act accordingly.

 

Instructions should preferably be in writing or at least confirmed in writing (by letter, fax or email). In any event, any written communication sent by us confirming the instructions will be deemed to set out accurately the instructions given unless you write immediately in contradiction. By acceptance of these conditions you are deemed to consent to communication by fax and/or email.

 

We will only be able to take instructions from you directly, unless you authorise us in writing to take your instructions from another person. If you wish to authorise someone else to give us instructions, you will be able to do so on your Client Details form.

 

Conflict

 

If any conflict of interest in our representation of you arises, we will tell you as soon as possible. We may need to decline your instructions and/or cease to act for you if there is a conflict.

 

Skill and Care

 

We will use reasonable skill and care in the provision of the services.

 

Fees

 

Our fees will be clearly set out in your letter of engagement and will have regard to all the circumstances of the case, taking into account particular factors such as the complexity of the matter, the skill and responsibility involved and the time spent by us. We aim to be competitive in our charges without compromising on quality of service. Where requested, an estimate of our fees to completion of your case will be given, but it is important to understand that some factors affecting the cost (such as the length of the hearing) are not completely within our control.

 

VAT (where applicable) and expenses incurred by us to third parties in connection with your case will be added to our charges. Photocopying carried out by us in connection with your case will also be charged where this is considered by us to be reasonable given the volume of copying required. Photocopying, where charged, will be at the rate of £0.10 per page plus VAT. Travel time, where charged, will be at half the hourly rate quoted in the letter of engagement issued. Where a car has been used, an additional charge of £0.50 per mile plus VAT is payable. Where public transport or a taxi is used the actual cost incurred is payable. Work will be charged in 5 minute increments.

 

Recoveries

 

In situations where we contract, on your behalf, with a third party (such as an insurer) on the basis that you will be indemnified by the third party in respect of all or part of our costs, the primary liability to us for those costs will remain with you.

 

Timing of Fee Notes

 

Our normal practice is to send you a fee note in respect of our accumulated work-in-progress each month.

 

We may require you, from time to time, to pay us an agreed advance of fees and will usually do so in litigation cases before proceedings are commenced.

 

Payments

 

Each of our fee notes (which will be denominated & payable in sterling) must be settled, in full, immediately following your receipt of it. If it is not, we shall be entitled to charge interest on it (on a daily basis) on the full amount due at Clydesdale Bank base rate plus 4% and that from the date of invoice until payment (including accrued interest) is made in full.

 

Confidentiality

 

Confidentiality in respect of all client matters is one of the cornerstones of our business. We shall maintain confidentiality in respect of your affairs unless you authorise us to reveal these matters or we are obliged to do so by operation of law or order of the Court.

 

Limitation

 

We will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party arising from any misleading, incomplete or erroneous instructions or information given by you or where information or instructions are not given timeously. In respect of a claim by such a third party in such circumstances, you will wholly indemnify us in respect of that claim.

 

Termination

 

You are entitled to terminate the agreement for us to act for you at any time. You should do so in writing and you will be liable for any fees we incur on your behalf up to the time we receive your written confirmation that you no longer wish us to act for you. If you decide to instruct alternative agents to act for you, we will only be able to forward our papers to these agents upon receipt of a signed mandate.

 

We may terminate the agreement for us to act for you at any time. Generally, we will only do so for good cause and will try to do so in a manner that is not prejudicial to your case.

 

Complaints

 

We aim to provide you with the highest level of service at all times, but should you have a complaint about any aspect of our services you should in the first instance put your complaint in writing to our Managing Director. A copy of our Complaints Procedure is enclosed for your information.

 

Scots Law

 

These terms and conditions shall be governed by Scots Law and are subject to the exclusive jurisdiction of the Scottish Courts.

 

If you would like to speak to one of our solicitors & discuss your requirements in more detail please call 0141 331 5150 or use this contact form.
Share this with