Terms of Business (Scotland)

Introduction

 

We are committed to the consistent, reliable and speedy delivery of specialist legal services in all aspects of employment law and practice. We provide practical advice and workable solutions to each client’s employment law problems. 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 relevant information. We also rely on you to advise us as soon as possible of any change in circumstances which might affect the business in progress.

 

You will have a dedicated Client Manager as your first point of contact for any questions about our services. Your Client Manager will take the time to understand your business, the issues that affect it and your priorities.

 

Our Services

 

We provide specialist legal services in all aspects of employment law and practice.

 

Instructions

 

We need to have full details of each matter so that we can advise on any issues raised and how they will require to be dealt with.

 

Instructions should preferably be in writing or at least confirmed in writing, that is 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 need you to identify to us any limitation in the number or identity of your company officers who are authorised to take advice or pass instructions to us.

 

Conflict

 

If there is a conflict of interest in transacting your business, we will tell you as soon as possible. We may need to decline your instructions if there is such a conflict.

 

Skill and Care

 

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

 

Our Charges

 

Our charges will be fair and reasonable having 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. Wherever possible the cost to the client will be given in the form of a fixed price quotation which will clearly specify all the work to be done.

 

VAT (where applicable) and expenses incurred by us to third parties in connection with your business will be added to our charges. Photocopying carried out by us in connection with your business 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, plus £0.50 per mile, plus VAT. Work will be charged in 5 minute increments.

 

Estimates

 

We are always ready to give estimates of charges and to provide details of how much expense has been incurred at any stage in our work for you.

 

It is often difficult however, or even impossible to predict precisely how long a legal matter will take and how much work will be involved. In such cases, our estimate of charges will be based on previous experience of similar matters but will not be contractually binding.

 

Whenever an estimate or an indication is given, it will be stated exclusive of VAT unless expressly stated in writing to be inclusive.

 

Recoveries

 

In situations where we contract, on your behalf, with a third party on the basis that you will be indemnified by such third party in respect of all or part of our costs, the primary liability for those costs will remain with you, since we would have no entitlement in law to seek recovery from the third party.

 

Timing of Bills

 

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

 

We may ask you, from time to time, for 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 and 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 the Clydesdale Bank base rate plus 4% from the date of invoice until payment (including accrued interest) is made in full.

 

Recovery of fees

 

Fees outstanding for more than one calendar month will normally be passed for formal recovery. In addition to being responsible for any and all interest accrued on such sums outstanding, you will also be liable for any and all costs incurred by us in respect of such recovery, including, but not limited to, Sheriff Officer’s fees and court fees.

 

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.

 

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.
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