Standard Terms of Business

1Introduction

These terms of business, together with any engagement letter, form the contract between you and Maguire Solicitors. By instructing the firm, you agree to these terms. The engagement letter takes precedence if there is a conflict. “You” refers to the client or clients jointly and severally liable for fees. “We” means Maguire Solicitors, trading as Singh and Hussain Limited (Company Number 568963).

2Our Service To You

The firm helps clients achieve their objectives through regular contact using understandable language. Work is handled by solicitors, trainees, paralegals or caseworkers, with additional staff where this increases efficiency or reduces costs.

Our role is to provide legal advice on Scottish law and EU compliance. The firm does not advise on foreign law. When we engage other professionals (counsel, foreign lawyers, accountants, experts), they act as your agent and the firm accepts no responsibility for their actions.

3Your Contribution

Clients must provide complete information and promptly notify the firm of any changes to objectives, circumstances or new relevant information. Failure to do so may result in the firm ceasing to act, with charges for work completed.

If instructing other advisers, please ensure they understand deadlines and provide timely information. Limited companies and partnerships must identify authorised instructors and may be required to provide written guarantees.

4Ending Instructions

Clients may terminate in writing at any time. The firm retains papers and documents until all fees and expenses are paid. The firm may withdraw if clients fail to pay bills, refuse advice, or a conflict arises, providing reasonable notice where possible.

Clients bear the costs of ceasing representation or transferring work. Files are released only after all fees and expenses are paid.

5Responsibility for Fees

Clients are ultimately responsible for all fees, even if a court orders the opponent to pay or a third party agrees to pay. If the Scottish Legal Aid Board (SLAB) refuses payment, clients remain liable.

The firm will discuss payment methods, timing and alternative funding such as “no win, no fee” or insurance coverage.

6Fees, Expenses and Billing

Fees are either a fixed-fee agreement or time-based, considering transaction value, skill level, urgency, complexity and other factors. Time includes meetings, travel, research and discussions, recorded in fifteen-minute units. VAT is added unless exempted (registration number 279492251).

Clients may set fee limits. The firm requests reimbursement for third-party payments (outlays) such as court fees and expert costs, with VAT added where applicable. Money transmission fees and travel costs are charged separately, and the firm may deduct fees and outlays from client funds held. Advance payments are placed in the client account against future bills.

Interim bills are issued monthly or as agreed; final bills follow completion of work. Additional invoices cover late outlays. For fixed fees, 50% must be paid upfront before work commences.

The firm holds a general lien on client property until fees are paid. BACS payment is preferred; cheques, cards and cash are accepted under specific conditions. Cash requires counting in front of accounts staff, with the issued invoice as proof.

7Interest on Clients’ Money and Commission

Client money is placed in the Client Account with interest paid per professional rules. No interest accrues on post-final-bill retentions for unpaid expenses.

The firm does not typically receive commissions but, if received, credits the amount against fees or pays it to the client unless a written agreement permits retention.

8Scottish Legal Aid Board

The firm is SLAB-registered (code 45439). Clients may qualify for legal aid depending on case type and finances. Solicitors assess eligibility at the initial meeting.

9Our Duty of Care

Instructions create a contract for services in exchange for fee payment. The firm owes a duty of reasonable skill and care. No contract exists between clients and employees; advice or work by employees is given on the firm’s behalf, not individually.

The firm excludes liability for consequential or indirect losses including lost revenues, profits, opportunities, goodwill or reputation. The firm accepts no responsibility for unauthorised email interception, redirection, copying or computer viruses, despite virus-scanning measures.

10Limitations of Claims

Unless stated otherwise in the engagement letter, total liability for any claim is limited to the amount stated or £2 million, including interest and costs, by clients or third parties.

These limitations do not exclude liability for fraud, reckless disregard of professional obligations, or death or bodily injury from negligence. Liability for breaches is limited to an equitable proportion considering client responsibility and other liable parties. Where other professionals limit liability, the firm’s is similarly limited. The firm bears no liability for banking failures.

11Confidentiality

The firm keeps all information confidential and does not disclose it to others. With client authority, information may be shared with instructed advisers (counsel, experts, interpreters), within the scope of instruction, per our data protection policy, or when legally required. Clients must complete Authorisation Forms for case discussions with specific individuals or organisations.

Court-ordered disclosures are complied with, and clients pay compliance costs. The privacy notice is available on the website, and clients agree to its terms.

12Conflict of Interest and Our Other Clients

The firm acts for numerous clients with potentially conflicting interests. Conflicts do not automatically prevent continued representation. Professional rules may require cessation if a conflict affects our obligations. The firm cannot be prevented from advising other clients with contrary interests, and multi-client conflicts may allow partial cessation or discontinuation for some clients.

13Communication

Communication uses the addresses, fax, email or phone provided by clients unless otherwise requested. Envelope-marking preferences are accommodated.

Communications may be monitored for compliance and service efficiency. Office hours are Monday to Friday, 9:00–17:00, with a 13:00–14:00 lunch closure and Glasgow public holidays off. Telephone and email are the preferred contact methods outside appointments, with responses within a reasonable business timeframe.

14Documents

The firm is not responsible for loss or damage to handed-in documents, or documents lost in the post or with third bodies. Clients authorise document lodging with tribunals, courts, experts or the Home Office; lodging relieves the firm of return responsibility and clients liaise directly. Completing Handing in Original Documents Forms when submitting originals is required.

Request of Document Forms enable document requests, with 14-day provision timeframes for filed documents. Signing Document Release Forms is required when collecting originals. Files close after work completion; later document copies incur a £20 (including VAT) fee for sourcing time.

15Storage of Paper and Documents

Files and electronic records are stored for a maximum of ten years after final billing, with authority for destruction thereafter, unless clients request their return.

16Copyright

Documents produced include firm-developed techniques and expertise.

Clients may use and amend documents for the matter and other purposes at their own risk, indefinitely and without charge, unless stipulated otherwise. Documents are valid only for their original purpose and timeframe; regular review and updates reflecting law and practice changes are recommended. The firm reserves the right to be identified as creator and copyright owner, and may reuse documents for other clients or business generally without disclosing confidential client information.

17Data Protection and Marketing

Personal data is held for legal service provision, record updating, analysis, statutory returns, identity checks per money laundering obligations, and credit checks. Data processors receive data to conduct these activities with appropriate protective measures.

Providing personal data for officers, employees, family or third parties confirms authorisation as agent or appropriate legal-basis consent. Electronic communications are monitored for compliance. Personal data undergoes anti-fraud checks with potential credit reference or fraud prevention agency disclosure.

18Anti-Money Laundering and Counter Terrorist Financing

The firm complies with anti-money laundering legislation, including the Terrorism Act 2000, Proceeds of Crime Act 2002 and the Money Laundering Regulations. Due diligence on all new clients (and existing clients’ new instructions) verifies identity and anyone acting on their behalf, identifying ultimate ownership and control. Verification against independent electronic sources may occur, with costs passed to clients plus VAT.

Cash is only accepted in exceptional circumstances. Clients cannot require money to be remitted except by cheque payable to them or transfer to a UK clearing bank or building society account in the client’s name. For overseas clients with no UK account, we may send money to an account in your sole name with a recognised bank in the country in which you are domiciled.

19Queries and Concerns

The firm explains issues and keeps clients informed of progress. Concerns about our work should be raised first with the lawyer or, if you prefer, the office manager Jamie McEwan (jamie@maguiresolicitors.co.uk). If still unsatisfied, contact the Client Relations Partner Rashpal Singh (rashpal@maguiresolicitors.co.uk), who handles complaints per our Complaints Procedure.

Unresolved problems fall to the Law Society of Scotland, with the Scottish Legal Complaints Commission (12–13 St Andrew Square, Edinburgh, EH2 2AF) providing complaints and redress.

20Interpreters

Interpreters facilitate engagement and understanding, sourced and allocated as deemed necessary. Maguire Solicitors does not employ interpreters; they are self-employed and simply interpret spoken language without legal advice authority. Clients must not contact interpreters outside consultations. SLAB-funded cases cover interpreter fees; privately funded cases incur a £30.00 (plus VAT if applicable) hourly fee, with block fees possible.

21Cybercrime

To guard against cybercrime, including phishing scams, we take steps to minimise the risk to clients. Emails appearing to be from the firm changing client account details are fraudulent.

If you receive such a communication, contact the firm immediately. Account details communicated by email are confirmed against stored phone numbers.

22Other Legal Matters

The engagement letter and these terms constitute the entire agreement regarding our services. Clients acknowledge no inducement except as expressly stated and waive remedies outside the recorded agreement. These terms are governed by Scottish law with exclusive jurisdiction of the Scottish Courts. The firm may bring proceedings in other jurisdictions for fee recovery.

23Maguire Solicitors

Maguire Solicitors trades as Singh and Hussain Limited (Company Number 568963), registered at Regent Court, 70 West Regent Street, Glasgow, G2 2QZ. “Partner” refers to a director of Singh and Hussain Limited; the term is used from familiarity and does not indicate a Partnership Act 1890 business partnership. The firm is regulated by the Law Society of Scotland (Atria One, 144 Morrison Street, Edinburgh, EH3 8EX; firm number 55762). Further information is available at www.maguiresolicitors.co.uk.