1. Introduction

1.1 These terms of business, and any engagement letter we send regarding the work we are to do for you, together set out the contract between us. By instructing us you agree to accept these terms of business. If
there is any conflict between these terms and the engagement letter, the latter will apply.

1.2 In these terms of business “you” means the person who is our client, or if there is more than one person, those people who together are our client. Where the client is more than one person they will be jointly and severally liable for our fees. We will identify who our client is in the engagement letter.

1.3 “We” means Maguire Solicitors, trading name for Singh and Hussain Limited Company Number: 568963.

2. Our Service To You

2.1 Our responsibility is to help you achieve your objectives and this involves us helping you to anticipate and articulate your needs. We shall be in regular contact with you and shall strive to communicate using understandable language.

2.2 The work will be dealt with by a solicitor (whether a director, associate, or solicitor), trainee solicitor, paralegal or caseworker. We will introduce those who are working for you and advise you if any changes become necessary. Additional lawyers or support staff may work on a matter to increase efficiency, add expertise or reduce cost and we will try to avoid duplication or unnecessary charges.

2.3 Unless otherwise stated in the engagement letter, our role is to act as your legal adviser. We are happy to advise you on the law and legal procedures applicable in Scotland and to advise on compliance with EU law applicable in Scotland. We do not offer any advice on foreign law or its effect.

2.4 If we need to engage other professionals on your behalf (such as Counsel, lawyers in another jurisdiction, accountants or expert witnesses) whether in the United Kingdom or abroad, we will do so as your agent. We cannot be responsible for any act or omission of such a professional.

2.5 Our advice is solely for your benefit and must be kept confidential. You may not rely on it except for the purposes of the matter to which it relates or disclose it to any third party unless we agree that you may do so, or you have a legal duty to disclose it. Our advice may not be used or relied upon by any third party without our prior written consent.

2.6 We have no liability for the content of any draft document or for any action that you take or refrain from taking on the basis of a draft document prepared by us.

3. Your Contribution

3.2 If you are instructing other advisers in the matter we are dealing with (rather than us doing this on your behalf), please ensure they understand the importance of any deadlines set and ensure that they provide us with the information required in time to meet those deadlines.

3.3 Where the client is a Limited Company or a Limited Liability Partnership the client will be required to identify the person or persons authorised to instruct us throughout the matter and we may seek written guarantees.”

4. Ending Instructions

4.1 You may terminate your contract with us in writing at any time. We will however be entitled to keep all papers, data and documents as described in paragraph 9.4 while there is money owing to us for charges and/or expenses and outlays to that date together with any future costs to which we are committed on your behalf.

4.2 If we have good reason, for example if you do not pay a bill or if you are not prepared to accept the advice which we give or if a conflict of interest arises, we must withdraw from acting for you. Where circumstances permit, we will give you reasonable notice that we cannot continue to act. If we are acting for you in relation to court or tribunal proceedings we will notify the court or tribunal (at your expense) that we are withdrawing from acting.

4.3 You will also be responsible for any charges and expenses arising from our ceasing to act for you or the transfer of work to another adviser of your choice. Your file of papers and electronic records will only be released to another adviser on payment of all fees and expenses incurred up to that date.”

5. Responsibility for Fees

5.2 If your case is funded by the Scottish Legal Aid Board (SLAB), and if SLAB refuse to pay our account in full or in part you will be responsible for the full or remaining payment.

5.3 Our method of charging is set out below.

5.4 We will discuss with you how, when and by whom fees are to be met, including in appropriate cases, alternative funding methods such as “No win – no fee” or insurance. If you have not already done so, please discuss with us whether you might have the benefit of legal expenses insurance under an existing policy, for example household insurance or employee benefits.”

6. Fees, Expenses and Billing

6.2 Unless zero-rating or an exemption applies, we must add VAT to our fees and at the rate applying when the work is done. Our VAT registration number is 279492251.

6.3 The hourly rates of our lawyers are based on the seniority and expertise of those involved. Rates are periodically reviewed and we will advise you of any changes. We keep detailed records of time spent, recorded in fifteen-minute units. Please note our hourly rates.

6.5 You may set an upper limit on the fees for which you may be liable without further authority. If that limit is agreed at the outset we will not exceed it without telling you beforehand and discussing alternative arrangements with you.

6.6 We will also ask you to reimburse any payments which we make to third parties on your behalf, for example Scottish Land and Buildings Tax, court fees, experts or interpreting fees. Such payments are known as outlays.

6.7 We will make a separate charge for money transmission fees, travelling costs and similar expenses. Where applicable, VAT will be added to outlays.

6.8 We shall be entitled to deduct fees and outlays from any funds held by us for you or received by us on your behalf. We will account to you for such deductions.

6.9 We may require a payment in advance in respect of fees and outlays. We will place any such payment in a client account and apply it together with interests earned against bills as they are rendered. Unless otherwise agreed, we will not normally incur a liability to pay a third party on your behalf unless we hold money to cover the cost.

6.10 In some areas of work it is appropriate that the bill should be submitted at the end of the transaction. However in most matters we will send you an interim bill for our charges and outlays at the end of each month or such other period as we agree with you while the work is in progress and will submit a final bill on completion of the work. Any interim bill rendered will be the only and final bill for charges and so far as possible, outlays incurred during that period, unless otherwise stated. We will endeavour to include all outlays in our final bill to you but sometimes that is not possible. If we receive invoices for such items after the final bill we will send an additional invoice to cover them.

6.11 In cases, were a fixed fee has been agreed, half of that fee must be paid upfront. Only once half of the payment has been received will work start on your case.

6.12 Unless otherwise agreed in writing the bill must by payable within 14 days of issuing of our invoice. You must pay in sterling or such other currency as may be agreed with us. We reserve the right to charge you interest on the unpaid sum, from the date on which we submit the invoice to the date of final payment at the rate of 1.5% per calendar month above the base rate from time to time of The Royal Bank of Scotland plc.

6.13 We have a legal right to retain any money, papers or other property belonging to you which comes into our possession until you have paid us for the work we have done, whether or not we acquired the property in connection with the matter concerned. This is known as a general lien.

6.14 We prefer payment to be made via Bacs payment, please ensure you quote your reference number which is shown on the letter of engagement, your reference number will begin with the letter “C”. Our client account bank details are specified below. To prevent fraud please ensure you call our offices and verify these account details before making payment.

6.15 Payment can also be made by cheque, by credit card or debit card for payment of fees and outlays. If you wish to pay by this method, please contact accounts department. There may be an additional charge for payment by credit card to reflect transaction charges imposed on us by our banks.

6.16 It is our policy to accept cash payments only in very exceptional circumstances. When handing cash your lawyer will count the cash in front of you in the presence of someone from our accounts department. You will then be issued an invoice, which you should check for accuracy. It is important you keep your invoice safe as it is proof of you having made payment.

7. Interest on Clients’ Money and Commission

7.1 Any money held or received by us on your account is placed in our Client Account. We will account to you for interest in accordance with our professional rules. However we will not pay interest on money we retain after we have rendered a final bill to you, if the retention is made to cover unpaid expenses and outlays.

7.2 We do not normally receive commission from building societies, insurance companies, stockbrokers or financial advisers but if we do we will credit the amounts received against our fees or pay any commission we receive to you, unless we agree with you in writing that we may keep it.

8. Scottish Legal Aid Board

8.1 We are registered with the Scottish Legal Aid Board (SLAB), our firm code is 45439. Depending on the type of your case and your financial circumstances you may qualify for legal aid. If you qualify for legal aid, our fees and outlays occurred will be met by SLAB.

8.2 Your solicitor will carry out a legal aid eligibility assessment during your initial meeting and will advise you if you qualify for legal aid. You will also be advise if an application has been/ will be made to SLAB to fund the costs of your case.

8.3 Work carried out under legal aid is subject to restriction. This means that there are limits on the amount of work that can be done. If these limits are exceeded, then we require to obtain further sanction from SLAB before we can proceed with your case. If SLAB do not grant further increased sanction, then you may have to consider whether you wish to instruct us privately if you wish to continue with the case.

8.4 As specified at point 5.2 above you are ultimately responsible for the payment of our fees. If SLAB refuse to pay our account in full or in part you will be responsible for the full or remaining payment.

8.5 Payment can also be made by cheque, by credit card or debit card for payment of fees and outlays. If you wish to pay by this method, please contact accounts department. There may be an additional charge for payment by credit card to reflect transaction charges imposed on us by our banks.

9. Our Duty of Care

9.2 There is no contract between you and any of our employees. Any advice given to you or any work done for you by any one of our employees is given or done on our behalf and not in his or her individual capacity. No such person assumes any responsibility to you for advice or work. Accordingly, you agree that if, as a matter of law, any of our employees would otherwise owe you a duty of care that duty is excluded from our contract with you. You agree not to make any claim or take any action personally against any of our employees for any matter arising out of the provision of services to you. This does not alter or reduce any liability that Maguire Solicitors may have to you for any claim you wish to make. Such claim may be made only against Maguire Solicitors.

9.3 We shall not be liable for any consequential or indirect losses which arise out of the work we do for you such as, amongst other things, loss of anticipated revenues, loss of profits, loss of business opportunities, loss of goodwill or damage to reputation (whether or not it might have been foreseeable at the commencement of the matter).

9.4 We shall not be responsible for any loss or damage arising from the unauthorised interception, re-direction, copying or reading of emails, including any attachments. Although we use virus scanning software we are not responsible for any computer virus or damage to your computer system arising from our electronic communications with you.

10. Limitations of Claims

10.2 These limitations will apply to any loss, however caused, including financial or economic loss but will not apply to exclude our liability for fraud, reckless disregard of professional obligations, or for death or bodily injury caused by our negligence. The figure of £2 million, or that stated in our engagement letter, has been selected after balancing the risks from the work we expect to undertake for you and the fees that you will pay.

10.3 Our liability for any loss or damage suffered by you as a result of breach by us of our terms of engagement or of negligence in the course of providing our services shall be limited to a just and equitable proportion of the total loss or damage having regard to the extent of your responsibility and that of any other party known to you who may also be liable in respect of it (and regardless of the ability of such person to make payment).

10.4 Where providing our services involves working with others, including other professional firms who limit their liability in any way, our own liability shall be limited to an amount which would have applied had.

10.5 We will not be liable for any losses that you sustain by reason of a banking failure.

11. Confidentiality

11.2 If, on your authority, we are working in conjunction with other professional advisers instructed by you (either directly or through us), you give us authority to disclose any relevant aspect of your affairs to them. For example, but not limited to; counsel, the experts, or interpreters.

11.3 We may also disclose information about you and your affairs to third parties if:

• you agree we should; or
• it is within the scope of our instructions to do so; or
• it is in accordance with our data protection policy
• outlined below; or
• we are required to do so by law, by our insurers or by our professional rules

11.4 If you wish for us to discuss aspects of your case with for example; certain individuals, organisations, charities, you must complete our “Authorisation Form”. We will not discuss or divulge any information and or documents relating to your case to any individual and or an organisation without a completed “Authorisation Form”.

11.5 Recent legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclose information to Serious Organised Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the solicitor is required to make a money laundering disclosure.

11.6 If, while acting for you, it becomes necessary to make a money laundering disclosure, we are not able to tell you that a disclosure has been made or the reasons for it. We have no obligation to disclose to you confidential information about other clients.

11.7 If we are required for any reason (whether during the course of a matter or after it has ended) to disclose documents or to give information relating to a matter or your affairs pursuant to a court order, notice or demand served by an entity or person with the authority to compel such disclosure, then we shall comply. We will be entitled to be paid by you for the cost of such compliance at our hourly rates. If any documents or information may be subject to solicitor/client confidentiality we will let you know and advise you of the opportunity to waive confidentiality. If you decide not to waive confidentiality and this is challenged, we will be entitled to be paid by you for the work we do and the outlays we incur in preserving confidentiality on your behalf.

11.8 Our fully privacy notice is available on our website, and you agree to the terms set out within it.

12. Conflict of Interest and our other Clients

12.2 Our professional rules mean that we may have to stop acting for you if there is a conflict between your interests and those of any other client or of ourselves. Subject to our professional rules, we cannot be prevented from advising other clients, including clients whose interests may now, or in the future, be contrary to your own.

12.3 If you are more than one person, and a conflict of interest arises between any of you which we consider affects our ability to act for all or any of you, we may (subject to our professional rules) decline to act or cease acting in any specific part of our services to which the conflict relates, or to cease acting for some or one of you and to continue acting for the others.

13. Communication

13.2 Please note that data we send by email is not normally encrypted. Email travels over the public internet and is subject to its shortcomings. After a message has left our server we cannot guarantee that it will remain confidential nor when, or whether, the message will arrive. If you do not want us to communicate by email on your matter, whether with you or with others, please advise the person dealing with your matter.

13.3 We take steps to protect the integrity of our computer systems by screening for viruses on emails sent and received. We expect you to do the same.

13.4 Communications to or from our telephone and computer systems may be monitored for compliance purposes and to ensure we provide efficient and effective client service.

13.5 If we feel that there is a language barrier and are struggling to communicate in English. You give us authorisation to select and appoint an interpreter to assist in translating.

13.6 Our office opening hours are Monday to Friday 09.00 till 17.00. Our office is also closed for lunch between 13.00 till 14.00. We are also closed during Glasgow Public Holidays. Please note; emails, telephones etc will note be attended to when our office is closed.

13.7 Telephone and email is our preferred method of contact out with appointments. If we cannot get back to you the same day you we will make contact with you within a reasonable period during the working week.”

14. Documents

14.2 You give us authorisation to lodge document with relevant bodies as we deem fit to do so, for example but not limited to; tribunals and courts, experts or the Home O ice. When documents are lodged with relevant bodies Maguire Solicitors are not liable/ responsible for the return of those documents. You will be required to liaise with the relevant body directly.

14.3 At times we may require original documents from you. When handing in original documents you are required to complete our “Handing in Original Documents Form”. Please keep this form safe, as it is proof of you having provided us with original documents.

14.4 If you may require documents (copies or originals) from your file you are required to complete our “Request of Document Form”. Once completed and received we aim to provide you with the documents within 14 days if the requested documents are held on file.

14.5 You agree to sign and complete our “Document Release Form” when collecting original documents which we may hold on your file.

14.6 If you require to update your details, such as mobile number, address etc. You are required to complete our “Request to Update Information Form”. We will then accordingly update your file, and accordingly inform the relevant bodies of your updated details.

14.7 Your file will be closed once work has been completed. If at a later stage, you require copies of any documents a fee of £20 (including VAT is applicable) will be charged to cover our time spent sourcing the required document(s).

15. Storage of Paper and Documents

16. Copyright

16.2 You may at your own risk use and amend those documents in connection with the matter to which they relate and also for any other purposes, but we accept no responsibility for any such use. Unless we stipulate clearly to the contrary in our engagement le er, you may do this indefinitely and without additional charge. However, we recommend that you obtain advice on the suitability of any changes you propose making or any additional uses for the documents. We will not be responsible for any amendments or different uses unless you have asked us to advise you about them and we have done so, as we will have only provided the documents for the purposes of the original matter. Equally we recommend regular review and update of documents to reflect changes in law and practice. Documents are valid only for the time in, and purposes for, which they are prepared.

16.3 We reserve all legal rights to be identified as the creator and copyright owner of any documents we produce. We may reuse any document or any part of a document that we produce in connection with your ma ers or for other clients or generally in our business, however, we will not disclose any information which is confidential to you.

17. Data Protection and Marketing

17.2 When you provide personal data to us relating to your officers, employees, family members or any other third party, you confirm that you are authorised to act as their agent or have their consent or have the appropriate legal basis to provide such information.

17.3 We may monitor electronic communications sent from us to you for the purpose of checking compliance with our legal obligations and internal policies. We may use personal data provided by you in order to conduct appropriate anti fraud checks. Personal data that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

18. Anti-money Laundering and Counter Terrorist Financing

18.2 Accordingly, we are required to undertake due diligence on all new clients before the business relationship commences or when an existing client instructs us. This involves verifying the identity of our clients and anyone else on whose behalf the clients are acting and identifying the ultimate ownership and control structure of an organisation where appropriate. We are also required to know enough about our clients, their activities and the origin of any funds or assets involved, to satisfy ourselves that the matters on which we are instructed are usual and appropriate for those clients.

18.3 We may be required to verify the identity and other information relating to an individual or organisation information against independent electronic sources. Such sources may include electronic identification services which use credit reference information to verify an individual’s identity but this is not a credit check and the individual’s credit rating is not affected. If such a check is made we reserve the right to pass on the cost of this disbursement plus VAT for each check made.

18.4 We must inform the relevant authority immediately if we suspect that any person (whether our client or a third party) may be involved in money laundering or terrorist activity, and in that event we would be prohibited from taking any further action without the authority’s consent. If this happens, we may not be able to inform you that a report has been made or the reasons for it.” “18.8 If you are an overseas client with no UK bank account we may send any money to an account in your sole name with a recognised bank in the country in which you are domiciled or resident, provided we are not prevented from doing so by any regulation or international sanction. We reserve the absolute right to refuse to transfer money to an overseas bank or other account.

18.5 You agree that you will co-operate with us to enable us to comply with these obligations and that you will have no claim against us or any of our partners or staff for any loss suffered by you or any other person directly or indirectly as a result of steps taken by any of us which we believe are necessary to comply with our legal obligations.

18.6 If you do not cooperate with us in providing all information that we require to comply with our statutory obligations we reserve the right to charge you for any additional checks and searches that we in our absolute discretion deem necessary to comply with our statutory obligations. We also reserve the right to refuse to act for you if we are unable to satisfactorily complete this process.

18.7 It is our policy to only accept cash payments only in exceptional circumstances or to accept without prior clearance any payment by way of cheque or transfer of funds from any financial institution. If funds are received into our account without prior clearance, this may constitute suspicious circumstances under the Proceeds of Crime Act 2002 requiring us to inform the relevant authority, in which case we would be unable to transfer those funds without consent from the relevant authority. If cash is deposited with our bank we reserve the right to charge for any additional checks we deem necessary regarding the source of the funds.

18.8 You agree that you will not require us to send any money due to you otherwise than by a cheque payable to you or by the transfer of funds to an account opened in your name with a recognised and regulated UK clearing bank or building society.

19. Queeries of Concerns

19.2 We seek to provide you with a high quality service in a way that gives you confidence and satisfaction. If you have concerns about the work undertaken on your behalf at any stage, please raise them first with the lawyer concerned or, if you do not feel able to discuss the matter with him or her, then our office manager, Jamie McEwan via email – jamie@maguiresolicitors.co.uk

19.3 If you feel unable to speak with either of them or are not satisfied with the response you should write to our Client Relations Partner, Rashpal Singh (rashpal@maguiresolicitors. co.uk) who has overall responsibility for our service to our clients. Any complaints that you have should be addressed to our Client Relations Partner. Your complaint will be dealt with in accordance with our Complaints Procedure.

19.4 If for any reason we are unable to resolve the problem between us, then we are regulated by the aw Society of Scotland and complaints and redress mechanisms are provided by the Sco ish egal Complaints Commission whose address is; Scottish Legal Complaints Commission is 12-13 St Andrew Square, Edinburgh, EH2 2AF. Complaints require to be lodged within three year of our ceasing to provide you with a service or the occurrence of the event giving rise to your complaint.

19.5 We recognise that Alternative Dispute Regulations have implemented ADR/EDR Directive 2013/11/EU to promote alternative dispute resolution as a means of redress for consumers in relation to unsatisfactory services. We have however chosen not to adopt an ADR process and if you have any concerns about the services you receive from us you should contact our Client Relations Partner. We will, however, consider ADR on a case by case basis.

20. Interpreters

21. Cybercrime

21.2 You may receive an email that looks like it comes from us changing our client account details prior to you making payment to us. If you receive such an email do not make any payments to the account provided. We will never send you an email, text orwebsite link changing our bank details orasking you to make such a payment.

21.3 If you do receive such a communication please contact us immediately.

21.4 In addition, if you have communicated your account details, or changes to your account details to us by email, we will contact you using our stored telephone numbers to confirm these are your instructions and ask you to confirm the details you have provided.

22. Other Legal Matter

22.2 The agreement between us is governed by Sco ish law and is subject to the exclusive jurisdiction of the Sco ish Courts. However we may bring proceedings against you in any other jurisdiction (including one in which you are based) to recover fees or other sums payable to us.

23. Maguire Solicitors

23.2 We use the term “partner” to mean a director of Singh and Hussain imited. We have continued to use the term “partner” because it is familiar but its use does not mean that partners of Maguire Solicitors are carrying on business in partnership for the purposes of the Partnership Act 1890.

23.3 We are regulated by the aw Society of Scotland, Atria One, 144 Morrison Street, Edinburgh, EH3 8EX. Our firm number is 55762.

23.4 For further information on our services please visit www.maguiresolicitors.co.uk.