MMi Your Transaction

Your Transaction

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Your relationship with McVey & Murricane

The material on this page and the various links define your relationship with McVey & Murricane. It is essential that you read these contents fully as you will be deemed to have accepted the content unless you use our cancellation of service app within 14 days.

Using the app will end our relationship save for matters on which you have already given us instructions or in relation to costs already incurred.

Coronavirus and the Strain on the Property Environment

Coronavirus

Any transaction involving you moving from a property invokes various rules in relation to Covid-19 which have been outlined by the Scottish Government. There is a need to confirm the basis on which the transaction can safely proceed.

These instructions may seem self-evident and superfluous, but we must raise these issues with you.

If you cannot answer yes to each of the following statements, then you must let us know immediately. If the position changes between now and your date of entry again you must let us know immediately.

The Scottish government regulations are here.

https://www.gov.scot/publications/coronavirus-covid-19-guidance-moving-home/

The statements are here;

I confirm the following (and I have notified members of my family group and anybody involved in my move who have also confirmed the following points):
None of the persons who are moving including my family unit have coronavirus
My move will be carried out observing the social distancing rules. This applies to any aspect of the move including removal vans, removal men and any other person involved
I will not engage with the person or family unit who currently live in the property I am purchasing.
The transfer of keys needs to be done based on social distancing. Generally, this would mean (a) the keys being left in one place, (b) for the person who has placed the keys there to step back to a social distance (c) the person acquiring the keys moving forward to pick them up, and (d) the person acquiring the keys should then wash the keys and their hands before doing anything further.
I will advise you if I or anybody within my family group contract coronavirus or have the symptoms of coronavirus on or before my date of entry
I acknowledge the direction of the Scottish Government that if I or anybody within my family group or anybody involved with my move contracts coronavirus or show symptoms of coronavirus then I cannot move
My move will comply with the conditions laid out and contained in the guidance from the Scottish Government the link to which appears above

The only basis on which we can deal with a transaction involving a physical move is in accordance with regulations imposed

on us by the Law Society of Scotland and
on you by the Scottish Government
is to ensure that you are aware of these regulations and that you can comply with them. If you cannot comply with them then the transaction cannot go ahead to completion.

Strain on the System

The conveyancing system in Scotland is arguably not fit for purpose. The system is complex and lacks cohesion and established processes. All of these defects have been exacerbated by the pandemic and considerable stress upon lenders and other important elements of the property market.

These circumstances mean that achieving aspirations of clients by certain dates, such as an envisaged date of entry can be difficult or indeed impossible. In undertaking property-based work for you, you accept that the problems with the system and in particular limitations impacting other parties involved in transactions are outside of the control of McVey and Murricane.

Understanding Your Transaction

Naturally, clients view their transaction through their own eyes. That leads to a belief that the course of the transaction is based upon the relationship between client and solicitor. Except in direct processes such as creation of a will, this is very much not the case. As an example, in a typical conveyancing transaction there may be nine other parties involved in the process where actions by any of them can impact the duration, nature and success of the underlying matter.

It goes without saying that our job is to look after your interests as best as we reasonably can. But there is a difference between what we can do and what you may wish us to do.

Acknowledging that distinction is an important part of our relationship. Nowhere is that more than in circumstances where a client is depending upon loan finance from a lender. The Law Society of Scotland makes a particular exception in its conflict-of-interest rules for circumstances where a solicitor is acting both for a client and a lender. The reality is that the client is depending upon funds from the lender, but the lenders make the provision of funds dependent upon solicitors adhering to a set of rules called the UK Finance Handbook.

This is the best illustration of the limitations under which we act. Another very pertinent limitation are the rules relating to Anti-Money Laundering. We are under a criminal responsibility to carry out these checks. They are not optional. More and more government agencies are effectively making solicitors policemen of many rules and regulations.

There is a fundamental contradiction between the traditional concept of solicitors acting solely on behalf of the client and these various limitations. But the alternative is that the legal system would simply collapse. In property matters these issues are exacerbated to such a degree that there is overwhelming strain on the already defective system which is not fit for purpose.

This is why this page is so important for you to read and understand. Generally speaking much of what we need to do and how we deal with you are governed by rules completely outside of our control. The more regulated the transaction (lending and property are the best examples) the more intrusive are these external demands.

The next section explains in relation to the different types of case types, what falls inside and outside of our standard service.

What is the scope of our service?

Please read our special page on transparency in charging which includes full details of the scope of work for each area of activity.

What if something arises beyond the scope of our service?

The first thing that we will do is alert you when that happens. Our responsibility to you is to inform you where the reality of your transaction is moving or about to move beyond the scope of the service which we have agreed in terms of this Your Transaction process.

Your contract with McVey & Murricane is constituted by:

the quotation with which we provided you at the outset,
this Your Transaction process,
the terms of MMiExplains and
any other specific arrangements entered into between us.

When some aspect of your transaction seems to be moving outside of the scope of our service to you, it is up to McVey & Murricane to alert you. If we do not alert you then we cannot retrospectively change the contract between us.

When these circumstances arise, typically we will contact you with three options:

we undertake the additional work that we have described as necessary but is outside of the scope of the transaction - there will be an additional cost provided and potentially other costs such as increased disbursements
we do not undertake the additional work and you accept the position without the benefit of the work which we regard as optimal. Important. If you have a lender or mortgage on the transaction click here or
if you are able to, you walk away from the transaction

How do we communicate with you and other responsibilities

Communication

Technology has changed the way in which we communicate with each other and this applies to the way solicitors communicate with their clients and other parties.

What is important is that the totality of the communications provided by us should be sufficiently comprehensive to ensure that a client who is reasonably familiar with modern communication methods is able to attain reasonably sufficient knowledge of their transaction or case (“Communication Standard”). Our communications shall include email, electronic forms, a client/user portal, messaging, AI driven communication, telephones and, if needed, face-to-face communications.

Where a communication by a client requires response, it will be responded to depending upon the context of that communication.

If the communication is highly urgent (for example the client is waiting to collect keys on the date of moving) then the time period for the response to that communication should be suitably speedy.

But where a communication is to provide information already provided or is a repeat call where the client has been advised that they will be contacted when progress has been made, then no response at all may be the appropriate action.

Other than where you have told us clearly in writing or by electronic communication that you have a disability (in which case we will do our best to accommodate you) it is not possible for you to request a particular mix of communications from us. Provided the Communication Standard is met by us, it is not guaranteed that all your phone calls or communications will be returned or responded to. It is often much more effective and efficient for us to communicate other than by telephone.

Part of our communications with you will be by way of our website or electronic forms or other electronic methods of communication and you agree to use such communications promptly and effectively.

Unless you tell us otherwise, you agree to us communicating with you, including sending bills and other confidential information, by normal email, using the email address you have given us. Because of data sensitivity we are unable to send communications to more than one email address per client or (where the client consists of more than one person) more than one of the persons comprising the client. Email will be sent using the Transport Layer System (TLS) system but no further encryption will be provided. You should take care in using electronic communications and ensure that you stay safe online.

Please see https://www.mmilegal.com/your-security-at-mcvey-and-murricane

We make reasonable attempts to exclude from our emails any virus or other defect that might harm a computer or IT system. You undertake to act likewise with any electronic communications you send to us. Neither you nor we shall have any liability to each other in respect of any claim or loss arising in connection with such a virus or defect in an electronic communication other than where such claim or loss arises from bad faith or wilful default.

If you wish a different communication mix from the Communication Standard, please contact our Customer Relations department, whose contact details are noted at the end of this document.

We will be happy to discuss your particular requirements, but such requirements may involve us levying an additional charge if we believe that meeting such requirements will increase the cost of delivery of the service provided by us.

We will provide you with progress updates whenever reasonably appropriate having regard to the type of case. We will not update you on a periodic basis requested by you unless that is reasonably appropriate to the type of case.

Any change in the expected level of costs or the timescale in the matter will be notified as soon as it becomes apparent.

Our Responsibilities

We will treat you fairly and act within the law about both our fees and the conduct of your case.

We will always act in your best interests, and will distinguish between the needs of individual clients, taking account, as far as we are reasonably able to do, of capability, vulnerability or other factors which may affect the way instructions and advice are given.

We will ensure you are able to make an informed decision about the services you need, how your case will be handled and the options available to you. Remember there will generally be obligations or potential obligations to other parties which may limit the choices available to you.

From the outset and throughout the conduct of your case, we will review the matter to ensure we have the necessary resources, skills and procedures to carry out your instructions. This includes whether it may be appropriate, and in your best interests, for us to continue to act.

We will inform you if during a matter, we discover any act or omission which could give rise to a claim by you against us.

What are your responsibilities?

It is essential that we have a clear understanding of the legal services required by our clients. We therefore need to have full details of your case so that we can advise you about the issues raised and how they can best be dealt with. You should assist us by:

Giving us clear instructions.

Letting us have all relevant documentation.
Informing us of any time limits of which you are aware.
Dealing promptly with any important questions which arise.
Acting in a respectful and reasonable manner to all our staff.

Reading all the information and communications which we send to you promptly and adequately.
Taking all reasonable actions to assist us in dealing with your case.
Avoiding making repeated telephone calls except in the case of genuine emergency. We have an efficient communication system to deliver the Communication Standard and repeated telephone calls should rarely be necessary.

Acting reasonably in dealing with matters of communication.

We appreciate that legal transactions can be stressful, but we require to protect the working environment of our staff and personnel. if you are unable to maintain your obligations as to communication you will be contacted by one of our senior Client Relations personnel to discuss the issue. As can be appreciated if the cost of delivering the service to you increases you may be asked to pay an additional fee to cover the impact of your breach of the reasonable standards.

General Note on Protection of Staff

We believe that, in today’s world, it is accepted that abuse or lack of civility in the workplace is unacceptable and we will not expose our staff to such behaviour. If a client or any other party is abusive to any member of MM staff, the communication will be terminated. The party will be contacted by our Customer Relations personnel. If the abuse is from a client, we will endeavour to understand the background and explain why it is impossible to continue a relationship unless appropriate civility is maintained. Ultimately, we need to establish whether we can continue to act in the matter. We will always err on the side of the client but if it is obvious that the client cannot accord with civility and reasonableness, we will cease acting for the client and render a bill for the work carried out to that point.

A client may always raise an issue though our complaints process.

Sending or Receiving Money

Sending Funds

While we will make every effort to speedily distribute funds, remitting funds will depend upon bank clearance or other factors.

Unless we shall have made an alternative written undertaking to you as to a timescale for remitting funds, it will not be a matter for complaint unless 14 days have elapsed since the date the funds may have first been able to be remitted (subject to clients right to interest being met at all times).

Cash

We will not accept cash. Please do not remit cash directly to our account. If clients circumvent this policy by depositing cash direct with our bank, we will need to charge for additional checks that are required by Anti Money Laundering regulations.

Interest

We will only credit you with interest on any funds, we hold on your behalf, in our client account if payment of interest is required by the terms of the Accounts Rules set by the Law Society of Scotland.

Limitations on payments to third parties

Other than to established property related organisations where a payment naturally arises from a transaction, NO payments can be made to a third party arising from your transaction whether or not you request or authorise such a payment. Such payments create concerns over regulation and potential fraud which is why they are best avoided.

Payments follow Title

Where two parties have an interest in money following a transaction the payment, we will where there is any lack of agreement between the parties follow their title interest. As an example, if both parties own 50% of a property and are not in agreement as to payment of the residue, then each will be paid 50%.

What if you are unhappy with any aspect of our service?

Complaints

Depending upon the type of case we will charge you either:

according to the scope of our service and any additional costs agreed by you, or

our charges will be based on the time spent on your matter, applying our hourly charging rates as applicable from time to time as notified to you.

We reserve the right to charge separately for photocopying, printing, telephone calls, faxes, electronic funds transfers, catering and other support services, travel, courier services and other incidental expenses.

Important Note on the Conduct of Complaints

The modern environment provides many outlets for clients should they wish to complain or seek some sort of redress. We are firm believers in freedom of speech and the right for clients to utilise their rights with regulators and other methods of making their concern clear.

However, legal transactions are complex and often involve many parties. There is a tendency to shoot the messenger. It is accordingly an essential element of the contractual relationship between the client and us that if the client has a concern the client must first contact our Client Relations team and note that concern. Our Client Relations department aims to solve problems for clients in a responsive and sensible manner.

We believe that reasonableness and civility should be at the heart of the relationship between client and solicitors. If we feel that a client has a reasonable concern, resolution will be dealt with quickly and efficiently. In every case the matter will be considered by experienced members of staff. If clients are unhappy with our decision they have full rights to approach the regulator Scottish Legal Complaints Commission. - see below

However, if we reasonably regard the actions of the client to be vexatious or opportunistic, the action by the client shall be a breach of the contract between us and the client created by these terms and conditions. While we would be loath to pursue a client for a breach of contract nevertheless if the actions of the client were deemed sufficiently abhorrent then such action would be taken including an action for reputational loss.

Note: Please note that if you are not happy with both the service provided by us and the response received following your complaint, then you have the right to make a complaint to the Scottish Legal Complaints Commission, 10-14 Waterloo Place, Edinburgh EH1 3EG, enquiries@scottishlegalcomplaints.org.uk

You can find out more details from the SLCC website

https://www.scottishlegalcomplaints.org.uk/

Billing and costs

Costs

Depending upon the type of case we will charge you either:

according to the scope of our service and
any additional costs agreed by you, or

our charges will be based on the time spent on your matter, applying our hourly charging rates as applicable from time to time as notified to you.

Where applicable, we will charge Value Added Tax (VAT) at the prevailing rate and in accordance with HMRC rules on our charges and expenses.

Any costs estimate we give at any time is a guide to assist you in budgeting. It is not intended to be fixed, unless that is specifically agreed in writing.

Any fixed fee, capped fee or other fee arrangement we agree with you, or any costs estimate we give you, is based on the scope of the work anticipated and our assumptions about the matter at the time it is agreed or given. If the scope of the work changes, or the assumptions change, it will no longer apply. In that case we will discuss a revised fee arrangement or estimate with you.

Any change in the expected level of costs or the timescale in the matter will be notified as soon as it becomes apparent.

Billing and Payments

We shall render statements for fees, disbursements and other costs to you at a point which is convenient and suitable depending upon the nature of your case.

In most cases we will require you to provide a payment on account of the future likely costs and disbursements

It is a condition of our instruction that all bills, interim and final, are paid within 14 days of issue or three days in advance of the settlement date of the relevant transaction whichever is the earlier.

We shall be entitled to deduct any fees, disbursements and other costs properly intimated to you from any funds that we hold on your behalf such as funds from a sale.

In the case of commercial clients, we reserve the right to claim interest and recovery costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

Where a bill is overdue, we are entitled to retain any files and documents belonging to you which are in our possession until our bill is settled. We also reserve the right to cease working on your case and any other matters on which we are acting for you.

If we have notified you two or more times that a bill remains outstanding, we will be entitled to add to the sum outstanding an administration fee based upon the amount of additional work we have carried out in recovering that bill until full payment but subject to a maximum charge of £200 plus VAT.

If a bill remains unpaid and we commence legal proceedings against you in order to recover the sums you owe us then we will be entitled to recover from you the legal costs that we incur in connection with those proceedings at our standard hourly rates, together with all disbursements (including fees of counsel and any other lawyers engaged by us in our attempts to recover payment from you).

If instructions for a piece of work are given by more than one person or company, we may recover our fees, disbursements and VAT from any one or more of them. This includes situations where one person or company instructs us on behalf of another. This is because all clients are jointly and severally liable for our fees, notwithstanding any agreement between you as to how you will share the costs. This means that we will be able to look to one client only or to each of our clients to pay the whole of or any balance of any unpaid fees.

We may deduct our fees and disbursements from funds held on your behalf (or on behalf of an estate or trust).

If you have legal expenses insurance which may cover all or part of our costs, please advise us immediately.

If arrangements are made for a third party to pay any of our fees or disbursements, or if in contentious matter a court orders a third party to pay any part of our fees or disbursements, you remain liable to pay them to the extent that the third party does not pay them when due.

In contentious matters you should also be aware that our costs are likely to exceed the sum which you could recover from any other party to the proceedings so you would be liable for any shortfall. You may also be ordered to pay the costs of the other party if the claim is wholly or partly unsuccessful or if a costs order is made against you.

How long does our relationship endure?

Cancellation Rights (non-commercial clients only)

For the purposes of The Consumer Contracts (Information, Cancellation and Additional (Charges) Regulations 2013 we confirm that if your contract with us is an off-premises or distance contract you will be deemed to have been given a Notice of your Right to Cancel and Cancellation Form. No such right to cancel applies to on-premises contracts. That cancellation can be effected only by using the App on this site.

Ending or Terminating Our Services

You may end your instructions to us at any time by letting us know in writing (or email).

We may decide to stop acting for you only with good reason; for example, if you do not provide us with funds on account, there is a conflict of interest, or you mislead us.

We will give you reasonable notice if we decide to stop acting for you. If we do have to stop acting for you, we will explain your options for pursuing the matter and will work with you to minimise disruption to your matter.

However, if we stop acting for any reason you will be required to pay for the expenses we have incurred and for the work we have done, even if the original agreement or understanding had been that we would only bill you on completion of the matter.

Termination of Services

Our lawyer-client relationship will be considered terminated upon our completion of the specific services that you have retained us to perform, or if open-ended services are to be provided, when more than six months have elapsed from the last time we supplied any billable services to you.

The fact that we may inform you from time to time of developments in the law which may be of interest to you, by e-mail, newsletter or otherwise, should not be understood as a revival of a lawyer-client relationship. We have no obligation to inform you of such developments in the law unless we are specifically engaged to do so.

GDPR Confidentiality and Data Protection

Data Protection and GDPR:

To allow us to process your transaction we require to ask you for certain necessary personal data. In terms of the General Data Protection Regulations (GDPR) and Data Protection Legislation we have put in place procedures for processing your personal data. You can find that important information here

External Audit of Files:

From time to time our practice may be audited or checked by our accountants or our regulator, or by other organisations. These organisations are required to maintain confidentiality in relation to your files.

Confidentiality and Money Laundering:

Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, however, is subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclose information to the National Crime Agency.

Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering, the solicitor may be required to make a money laundering disclosure.

If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it. Where the law permits us to do, we will tell you about any potential money laundering problem and explain what action we may need to take.

Mortgage Fraud:

If we are also acting for your proposed lender in this transaction, we have a duty fully to reveal to your lender all relevant facts about the purchase and mortgage. That includes any differences between the mortgage application and information we receive during the transaction and any cash back payments or discount schemes that a seller is giving you. You agree to us doing so.

The banking system requires to take measures to accord with the requirements of various regulators to take action where there may be a belief (however reasonably held) that any banking payment is connected with a criminal offence or terrorist financing. In the event of such enquiry, you agree that we should provide such information sought by the enquiring bank. Because of the Anti-Money Laundering legislation, you acknowledge that we are prohibited from sharing this information with any client.

Equality and Diversity:

We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy.

Miscellaneous Provisions

Acting as an Executor

Where our firm or one or more of its partners or its nominee company are appointed as executors under a Will, we shall (on request) give information as to the likely legal costs in dealing with the eventual Confirmation. Such legal costs cannot be accurately predicted as the work may take place some years in the future.

Retention of Materials

We retain all materials electronically.

Unless required by law or the Law Society of Scotland;

we will not retain paper documents
we will normally destroy any such paper documents without further reference to you (and you authorise us to destroy any such documents) on the earliest of:

a period of six years if required by statute
immediately, if electronic copies are sufficient evidence of the relevant document, or
an appropriate period after the date of the final bill we send to you for the matter

We will not destroy documents you instruct us (on prior payment of our costs) to hold in safe custody, such as deeds, wills, and other important original documents.

Understanding Title Deeds

The current system of land registration is centred around the concept of dematerialisation. Old deeds have no value once the registration process has been completed and will be destroyed. On occasion we will send documents to clients where the documents may have some easily apparent future value, but this is not guaranteed.

Maintaining Title Deeds

We will not be liable for replacement or for any resultant loss of any deed that does not legally require to be retained or dealt with in any prescribed manner.

We will take care of such deeds, documents and other papers that fall to be retained under this section if they remain in our possession. However, should any of them be lost or damaged because of events beyond our reasonable control we will not be liable for their replacement or for any resultant loss.

We may make a charge for storing any documents securely and maintaining your electronic records. We reserve the right to charge a fee (usually £75 + VAT) if we need to retrieve your document(s) from secure storage because you have or are intending to take advice from another adviser or to deal with matters yourself. This fee will however normally be waived if you instruct us to carry out further chargeable work on your behalf.

Intellectual Property

All work products, whether or not in writing, and all intellectual property rights and documentation (including working papers), developed by us during the course of the work carried out for you, will be and will remain, the sole and absolute property of McVey & Murricane. We may adapt, develop, or use such work products for other clients and in other engagements without liability or obligation to you. We may destroy or retain them without reference to you.

Limitations upon liability

Force Majeure:

We shall not be liable to you if we are unable to perform our services because of any cause beyond our reasonable control.

Limitations on our Liability:

We limit our liability to you for claims for breach of contract, breach of duty, negligence and for claims otherwise arising out of or in connection with our engagement or the services we provide, in the ways described below.

Our liability to you shall be limited to £2 million unless a higher amount is set out in the quotation relating to the work.

This liability cap will apply to our aggregate liability to you together with any associated party for whom you are acting as agent in relation to the relevant matter on any basis.

Professional Indemnity Insurance:

Under the Indemnity Insurance Rules we are required to take out and maintain qualifying insurance. Details of our insurance (including the name and address of the insurer and the geographical coverage) are available on request.

Maintaining Title Deeds

In addition to the other limitations in this document, where we and/or third parties are responsible for any loss suffered by you, our liability for that loss will be limited to a fair proportion of your total loss calculated by reference to the extent of our responsibility. If you have engaged others to represent or advise you on a matter in which we are involved and you agree with any of them that their liability to you will be limited, in order that our position is not adversely affected by any such limitation of their liability, you agree that our liability to you will not exceed the amount which would have applied in the absence of that limitation.

Third Party Liability:

If you start proceedings against us for loss or damage and there is another person (for example, another adviser) who is liable (or potentially liable) to you in respect of the same loss or damage, then you will (if we so request) join them into the proceedings. This is subject to any legal prohibition against your joining them in that way.

No claim against individual employees/partners:

We have an interest in limiting the personal liability of employees, consultants, and partners. Accordingly, you agree that you will not bring any claim against any individual employee, consultant, or partner in respect of losses which you suffer or incur, arising out of or in connection with our engagement or the services we provide. The provisions of this paragraph will not limit or exclude the firm’s liability for the acts or omissions of our employees, consultants, or partners.

The provisions of the above paragraph are intended for the benefit of our employees, consultants, and partners but the terms of our engagement may be varied without the consent of all or any of those persons.

Limitation on exclusions:

The above exclusions and limitations will not operate to exclude or limit any liability which cannot lawfully be limited or excluded. They do not limit liability for fraud, nor for causing death or personal injury by negligence.

Tax Advice:

We will not give advice on issues relating to tax or tax planning arising from the work we do for you except where this is specifically referred to in other correspondence from us. This includes providing any advice relating to any potential Capital Gains Liability (CGT) which your transaction may attract. Any work that we do for you may have implications on your liability to pay tax or necessitate the consideration of a tax planning strategy. If you have any concerns about the tax implications of the work that we do for you, you should consult an accountant or other qualified tax advisor. We would be happy to put you in touch with someone suitable.

Governing Law/Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the law of Scotland, and the Courts of Scotland shall have exclusive jurisdiction over any such dispute or claim.

Your Affiliates

Our client is only the person or entity designated in our engagement letter, and not its affiliates (whether shareholders, parent, subsidiaries, partners, members, directors, officers or otherwise). Accordingly, for conflict of interest purposes, we may represent another client with interests adverse to your affiliates. Our engagement for you does not create any rights in or liabilities to any of your affiliates.

International Work

We may during our engagement, as agent on your behalf, engage other firms in other jurisdictions to provide certain services. These services will be provided on their standard terms of business which will be supplied to you on request.

Where advice or assistance is required in other jurisdictions, or in areas of law in which we do not practise, we will discuss with you the selection of appropriate advisers and will engage them as agent on your behalf. You will be directly liable to them for their fees and expenses in accordance with the terms agreed with them. Unless otherwise agreed, our advice will relate to Scottish law only.

Introduction of Work by a Third Party

Where your work is introduced to us by a third party ("the Introducer"), we may (at our cost) pay the Introducer a fee for work and services the Introducer does for the Firm. For example, the Introducer may collect and verify certain information, prepare material, and send it to us in a designated format to comply with our case management or other systems, liaise with and make enquiries to third parties for you and us, help with third party problems, and generally help with completion of the work.

Monies Held In Our Client Account

We will not be liable to repay any money that we hold for you in our client account at Royal Bank of Scotland plc or any other bank or building society where we hold client monies (a list of which is available upon request) which is lost as a result of a failure of the bank.

Severability

If any provision in Your Transaction or any quotation or enagement communication or our accompanying material is or becomes invalid, illegal or unenforceable then it shall, to the extent required, be severed and shall be ineffective and the validity of the remaining provisions shall not be affected in any way.

Hours of business

The normal hours of opening of our offices are between 9 a.m. and 5 p.m. Monday to Friday excluding UK and National Scottish holidays. Messages can be left by using electronic methods outside those hours but a response may not be provided in terms of these Terms and Conditions and appointments can be arranged at other times when necessary and with prior agreement.

Instructions

If instructions are given on behalf of a client with that client’s actual or apparent consent, we are entitled to assume that the person giving the instructions has lawful authority to instruct us. If not, then that person will be liable to us as if they were our client.

Joint Instructions:

Instructions are understood to be for the purposes of all of those instructing us. We will act on instructions from any one of those clients unless you instruct us otherwise

Third Parties

Our advice is for your benefit only. Save as expressly set out, our agreement with you is not intended to confer rights on any third parties whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Investment and Insurance Advice

McVey and Murricane is not authorised by the Financial Conduct Authority (“FCA”). We do not provide investment or insurance advice.

Financial Services and Markets Act (“FSMA”): If while we are acting for you, you need advice on investments we may have to refer you to someone who is authorised to provide the necessary advice. However, we may provide some limited investment advice services where these are closely linked to the legal work we are doing for you.

This is because we are regulated by the Law Society of Scotland, which is a designated professional body for the purposes of the FSMA.

Our role in any transaction is that of legal adviser and it is not part of our function to give advice on the merits of any transaction in investments. When providing our services we will assume that you have decided or will decide to negotiate or enter into any such transaction solely on the advice you may receive from a person authorised under the FSMA. No communication from us is intended or should be construed as an invitation or inducement to you or to anyone else to engage in investment activity.

Useful Information

VAT Number:

VAT Registration Number 260 2334 00

Contact Details:

Senior Partner: Allan Radlow (for the purposes of the Law Society of Scotland, Transaction Partner, Client Care Partner and Cash Room Partner)

ARadlow@McVey-murricane.com

Devolved Responsibilities:

Money Laundering Reporting Officer: Jennifer Whiteford (JWhiteford@mcvey-murricane.com)

Money Laundering Compliance Officer: Jennifer Whiteford

(JWhiteford@McVey-murricane.com)

Client Relations: Amanda Walker

(AWalker@McVey-murricane.com)