TERMS OF ENGAGEMENT AND CLIENT INFORMATION

1. Application of These Terms

The following terms (as amended by us from time to time), together with any letter or email accompanying them and any enclosed schedule of costs, apply to the work referred to in the engagement letter or email that accompanies this document (“Letter of Engagement”) and, unless otherwise agreed by us in writing after the date of the Letter of Engagement, to all other work expressly agreed and accepted by us in writing and carried out by Alexander Boyd Solicitors (“the Firm”) on your behalf. Where applicable, we will issue separate terms of engagement in respect of other matters or work.

Your continued instruction of us following written confirmation that we have accepted your instructions will be deemed to amount to acceptance of these Terms of Business unless we hear from you to the contrary immediately upon receipt. An acceptance letter or option may be enclosed and we may ask that you sign and return it.

2. Regulation and Governing Law

The professional services provided by the Firm are regulated by the Law Society of Scotland, Atria One, 144 Morrison Street, Edinburgh, EH3 8EX.

These Terms and Conditions are governed by the law of Scotland and are subject to the exclusive jurisdiction of the Scottish Courts.

3. Communication with You

Our offices are normally open from 11am to 5pm Monday to Friday. Our contact details are set out in the Letter of Engagement or related email correspondence.

We may receive enquiries or information from you in the course of meetings, telephone calls, letters or emails. However, no solicitor-client relationship is created, and no professional duty or responsibility is assumed, unless and until we expressly confirm in writing that we have accepted your instructions, normally by issuing a Letter of Engagement or a clear written email confirmation.

Attendance at meetings, preliminary discussions, provision of general immigration information, fee quotations, document checklists, merits assessments, or correspondence responding to enquiries or clarifying evidential requirements does not constitute acceptance of instructions, does not amount to acting as your legal representative, and does not create any obligation to submit applications, lodge appeals, pursue administrative review, issue pre-action correspondence, commence judicial review proceedings, or take steps to prevent enforcement action, detention, removal, curtailment, refusal, or any other adverse immigration consequence.

You should not assume that we are acting for you, or that responsibility has been assumed, unless and until such written confirmation has been provided.

4. Updates and Availability

Once instructions have been accepted, we will keep you informed of work carried out on your behalf and provide explanations of the action being taken. As solicitors may be engaged in court or tribunal work, it may not always be possible to take calls immediately; messages will be returned as soon as reasonably possible.

5. Client Responsibilities and Provision of Information

To allow us to advise you properly once instructions have been accepted, you must provide full, accurate, complete, consistent and timely information and documentation.

In immigration, nationality, asylum, appeal and judicial review matters, it is fundamental that you provide full and truthful disclosure of your entire immigration history, including all previous applications, refusals, overstaying, enforcement action, detentions, removals, criminal allegations, cautions, convictions, and any contact with the Home Office or other authorities in the UK or overseas.

You are responsible for ensuring that all documents provided are genuine, legible, up to date, properly sequenced, and accurately reflect your circumstances. You remain solely responsible for the accuracy, completeness, consistency and truthfulness of all information and documents supplied by you or on your behalf.

Where we prepare draft witness statements, affidavits, representations, application forms, grounds, or other documents based on the information you provide, you are responsible for carefully reviewing all drafts in full and confirming that they are accurate, complete, and correctly reflect your instructions, evidence, and circumstances.

Once you have reviewed and confirmed the accuracy of any draft document (whether expressly or by approving it for submission), we shall not be responsible for any errors, omissions, inconsistencies, or discrepancies contained within it, including those arising from information you provided or failed to correct. Responsibility for the final content of all witness statements, affidavits, forms, applications, and submissions rests with you.

We are entitled to rely on the information and documents supplied without any duty to investigate, audit, verify authenticity, or identify inconsistencies, unless expressly agreed otherwise in writing. We accept no responsibility for forged, altered, misleading, incomplete, inconsistent, third-party or inaccurately translated documents provided by or on behalf of you.

You must promptly notify us of any change in circumstances, correspondence from any authority or third party, refusals, deadlines, enforcement action or developments which may affect your matter.

6. Deadlines and Urgency

Immigration and judicial review matters frequently involve strict and non-extendable deadlines, including appeal time limits, administrative review deadlines, removal windows, pre-action protocol timeframes and judicial review limitation periods.

Unless we expressly agree in writing to monitor or diarise specific deadlines, responsibility for identifying and complying with all statutory, regulatory and procedural time limits remains with you. We accept no liability where instructions are incomplete, unclear, or received too late to permit reasonable consideration, drafting, evidence gathering, supervisory approval or service.

We do not guarantee that urgent, same-day or removal-window instructions can be accepted or progressed.

7. Responsibility for Your Work

The Letter of Engagement will identify the partner with responsibility for your matter and, where applicable, your day-to-day point of contact. Our services are provided with reasonable skill and care within the scope of work expressly agreed in writing only.

We are under no obligation to issue, threaten, continue or maintain appeals, administrative reviews, pre-action correspondence, judicial review proceedings, injunctions or urgent applications unless this is expressly agreed in writing and remains professionally appropriate in light of the information provided and our regulatory duties.

8. Legal Aid

We do not accept legal aid work. Where appropriate, we may refer you to another provider.

9. Authority to Act

Unless otherwise instructed in writing, we are entitled to assume that the person providing instructions is authorised to do so. Where we act for more than one person, each client is jointly and severally liable for instructions given and for payment of fees and outlays.

10. Proceeds of Crime, Money Laundering and Reporting Obligations

We are required to comply with statutory obligations under the Proceeds of Crime Act 2002, the Money Laundering Regulations, and related legislation. Failure to provide required identification or information may result in us being unable to act or required to cease acting.

11. Fees and Payment

Fees are charged in accordance with the Letter of Engagement or agreed fee structure. Fixed or instruction fees are normally payable in advance. Where hourly rates apply, these are charged at the prevailing rates.

We reserve the right to cease acting where fees or outlays are not paid in accordance with agreed terms.

12. Complaints

If you have concerns regarding the quality of our work or professional conduct, you should raise them promptly with the person dealing with your file or with Mr Alexander Boyd, the Firm’s complaints partner. If unresolved, complaints may be made to the Scottish Legal Complaints Commission in accordance with statutory time limits.

13. Conflict of Interests

We will not act where a conflict of interest exists or may arise, in accordance with professional rules. Where appropriate, we will advise you and assist you in making alternative arrangements.

14. Email and Mobile Communication

Electronic communications may be insecure. While we take reasonable steps to maintain confidentiality, we are not responsible for loss or damage arising from the use of such communication channels.

15. Our Liability

The aggregate liability of the Firm, its partners, employees and agents shall not exceed £2,000,000.

Without prejudice to the foregoing, no liability shall arise for losses, damages, costs, claims or expenses arising as a consequence of:
(a) information or documentation provided by you or on your behalf being incomplete, inaccurate, misleading, illegible, missing, late or inconsistent;
(b) any failure attributable to you or to any third party;
(c) any assumption made by you as to when we were instructed or reliance placed on preliminary discussions, correspondence or meetings prior to our written acceptance of instructions; or
(d) any enforcement action, detention, removal, refusal, curtailment, credibility finding or adverse decision arising from your immigration history, conduct, documentation, timing of instructions, or matters outside our agreed written scope.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

16. Data Protection, Files and Storage

We process personal data in accordance with applicable data protection legislation. Files may be stored electronically and destroyed in accordance with Law Society of Scotland guidance unless otherwise agreed.

17. Third Parties

Where third parties are instructed with your approval, we are not responsible for their acts or omissions.

18. Termination of Engagement

Either party may terminate the engagement by written notice. Fees and outlays incurred up to termination remain payable. We will not terminate without good reason.

19. Client Acknowledgement

By accepting these Terms of Business (whether expressly or by continued instruction following written acceptance), you acknowledge and agree that:
(a) no immigration, appeal, administrative review or judicial review work will commence unless and until we confirm acceptance of instructions in writing;
(b) you remain responsible for the accuracy, completeness and truthfulness of all information and documents provided, including the final content of any witness statements, affidavits, forms, or applications approved for submission; and
(c) we are not responsible for missed deadlines, enforcement action or adverse outcomes arising from late instructions, incomplete disclosure, or assumptions as to urgency or scope.