1. Thank you for instructing our firm to provide you with legal advice and services. The firm of “Woodward Lawson Solicitors” is Ian Woodward-Nutt trading as Woodward Lawson Solicitors. The consultant of the firm is Philip Lawson. Whilst your case is assigned to Philip Lawson for continuity of service, other solicitors may become involved periodically including on an agency basis to cover a hearing. If you transact with us for legal services on behalf of a limited company, you must make the exact name of that company and your directorship of that company known to us in writing at the time of the instruction, failing which you will be held to be contracting with us as an individual and be personally liable for any fees and outlays incurred.

 

2. Office hours are from 9am to 5pm. Meetings are strictly by prior appointment, and we will be unable to see you without an appointment. If you are unable to make an appointment, you should telephone the main office number at 01224 619330 or email us at least 2 hours before the arranged appointment. We will start a meeting if you are up to 15 minutes late but with any delay over that time, we are unlikely to be able to see you unless you telephone or email us to explain your delay and the likely time of arrival.

 

3. As your agents, we can only act on information and instructions given to us. You should not assume that we have knowledge of any factual matters. If there is any change in your contact address or related details, general circumstances or general instructions, you must notify us immediately. Please note that should you not contact us with information or instructions when requested, we will close your file 28 days after the initial request (any later reminders do not extend the period) and, if applicable, remit our final invoice to you.  Under such circumstances, we will not carry out further work for you even in a situation where your position requires to be protected and you may lose valuable rights as a result. We shall not be liable to you for any lack of action or advice thereafter. It is your duty to maintain contact with us and provide us with any change of contact details immediately.

 

4. This firm conducts its services on the basis of a rate which will be supplied on enquiry depending on the type of service that you require at the outset of dealings. A summary of fee guidelines is attached indicating the method of calculation upon which legal accounts are based, and this forms part of these contractual terms. VAT at 20% and outlays are charged in addition to fees. This is set out in Appendix 1 below for sake of clarity and ease of reference. These rates may be increased at the start of each calendar year, and if so, advance notice will be given to you in writing. Unless there is express provision to the contrary in writing, all chargeable work in terms of these charges will be charged for and invoiced for payment. Given the nature of disputed court work, it is not possible to predict with accuracy what the final total amount of legal fees will be. Whilst we may give an estimate on request, this will be deemed only a rough indication to assist your planning of payments to account, and we will not be held to that figure should our final account be measured at more than that estimated figure. For the avoidance of doubt, this firm does not do speculative work or work where our fee is dependent on the success of a client’s case except where this is confirmed in writing beforehand by us.

 

 

 

 

Woodward Lawson Solicitors’ Terms and Conditions (Second Page of 12 Pages)

 

 

5. All payments of fees and outlays can be made by cheque made payable to “Woodward Lawson Solicitors” or by transfer to our clients account. The details are as follows: Woodward Lawson Solicitors, Clients’ Account. We will not change these banking details without making you aware by telephone call or digital video conference if we have to do so. So, if you receive any email purporting to be from us which gives different bank details, please do not make any payment to it so that any potential fraudulent scheme or scam fails. You should ensure that your payments are clearly marked with your name or invoice reference and in addition, you should let us know when a payment is made so that we expect it.

 

6. You will be expected to make payments on account of anticipated fees and outlays. Periodically, we shall send you interim feenotes/invoices for the work carried out during the conduct of your file. This assists our cash flow and enables you to budget for costs. Such invoices must be settled within not more than 28 days of the date of the invoice or 48 hours prior to the next court hearing date, whichever is the earlier date. In the event of payment not being made within that period, interest at a rate of 8% annually will be applied to the amount outstanding from the due date onwards until the invoice is paid. Furthermore, if we have, at our sole discretion applied and shown an express discount on the original feenote/account, then, also at our sole discretion, we can revoke the discount and charge the full fee as if the discount had never been applied, if the account is not paid within the 28 day period. Also, we reserve the right to decline to act further, whereupon the full amount of the work carried out up to that date will be billed to you. Along with our fees, there may be outlays to third parties which are necessary to incur in order to promote the smooth continuation of the case. Such outlays may include fees to the Sheriff Clerk’s office, short hand writer’s fees, charges for independent expert’s reports or Sheriff Officer’s fees. You will be kept advised of these as they occur. Where outlays have been incurred, we will require payment of them within 7 days by you of the request for such funds. Should we require to send reminders to you in respect of unpaid accounts or requests for payment, these reminders shall be charged at £50 plus VAT on each occasion to cover the administration and cost of each letter or email required prior to full payment being made.

 

7. The feenotes/accounts issued to you will be set out in a format which provides a general description of the legal services rendered to you between specific dates and our charge plus VAT. Should you wish a more detailed or itemised account with individual entries by date and cost thereof, this can be provided to you on the strict condition that you pay the anticipated charges of an independent law accountant for preparing an account in such a format. Payment must be made to the independent law accountant in advance for this facility within 28 days of indicating a wish for this service and us providing you with details of such an accountant, failing which the existing format of the account will be deemed acceptable and accepted by you. Likewise, if you wish our account independently audited by the Auditor of the Court of Session, you will require the account to be set out in an itemised format beforehand for this purpose and you will require to meet the charges of the independent law accountant for preparing the account in

 

Woodward Lawson Solicitors’ Terms and Conditions (Third Page of 12 Pages)

 

 

such a format, as they become due. We will then facilitate the conveyance of the files and itemised account to Auditor of the Court of Session’s Department by means of a joint remit binding on both of us to the Auditor’s finding which will be signed in advance by both of us. The joint remit must be signed and returned to us within 14 days of the joint remit being sent to you. Furthermore, you must pay the charges of the Auditor if he finds our account to be have been reasonably charged in the first instance. After an Audit, this firm will amend its fee to whatever figure the itemised account produces bearing in mind that the figure might be higher as well as lower, and you shall be liable for that amended figure. Should the figure be higher, interest at the above rate of 8% per annum will run on that figure from the date of the original invoice. Should the figure be lower, the said interest will run from the 29th day after the date of the amended invoice if payment is not made during that period.

 

8. On occasions where a great deal of work is anticipated within a short period of time (eg protecting your position with regards to court actions, representation at proofs, trials and debates), fees may be requested in advance and if such a request is not met within 7 days or any other period indicated, we reserve the right

to decline to act for you even if it means that you have to obtain alternative representation at short notice or attend a hearing personally. In such circumstances, your papers will not be provided to you until you meet our fees in full.

 

9.  When we receive funds on your behalf, we shall be entitled to deduct the amounts of any issued feenotes and outlays incurred or due from those funds prior to accounting to you in the sum of the balance.

 

10. In addition, there are sometimes large outlays which we require to be covered in advance by a payment to account. If our request for such payment is not met, we will not instruct the service. This may adversely affect your case, and we take no responsibility for delays or consequent loss which is attributable to delayed payment on your part. Furthermore, if we consider that a delay is excessive, and is obstructing the proper presentation of your case to the court, we reserve the right to decline to act further for you. Examples of such outlays would be the instruction of independent expert’s reports, cover for expert witnesses’ costs for providing evidence in court, witnesses’ costs for travelling or earnings loss, instruction of Counsel (advocates) for opinions or consultations as recommended by us for more complex areas of your case, the costs of preparation and court appearances by Counsel (advocates) in your case, and our own preparation and appearance time in relation to important hearings like debates, evidential proofs, pleading diets and trials. Where time and predictability allows, quotations and estimates will be obtained in advance for these outlays. Quotations should remain the same if the anticipated scope of the work does not change. Estimates may be subject to change and we may have to revert to you for further funds.

 

11. At the conclusion of a civil court matter, and in the event that you are successful, it may be that you will be entitled to recover an award of expenses (known as judicial or court expenses) from some other party. It is rare for the recovery of civil court expenses from the non-successful party (which is based on a separate court scale) to meet anything more than a proportion of the successful

 

Woodward Lawson Solicitors’ Terms and Conditions (Fourth Page of 12 Pages)

 

 

party’s fees and outlays payable to their own solicitor. In other words, there is very likely to be a shortfall of costs and expenses which you will have to pay to us even when you win and successfully enforce your decree. In Ordinary and Commercial court actions (those more than £5000 in value), a commonly used “rule of thumb” (namely, an informed estimate based upon common collective experience) suggests that you should normally expect a difference and shortfall of 40-50% of the amount that you pay in solicitor’s fees. You have to pay this yourself even when you are entirely successful in your action. This percentage shortfall is likely to be further increased in Simple Procedure actions (actions over £5000 or less) where the amount of expenses against the other party is normally capped at 10% of the amount that you are awarded by way of principal sum. This effectively means that any award of expenses against the losing opponent in Simple Procedure will hardly begin cover your own legal costs and this has to be factored into your decision to raise court action in the first instance. Furthermore, in situations where a dispute is settled in your favour prior to matters proceeding to court, it is not normally possible to recover any legal expenses from the opponent so any fees are simply met by you without reimbursement. Whilst you may successfully obtain a decree (ie an order from the court in your favour) against an opponent, there is no guarantee that the subsequent enforcement will be successful. Finally, if your case is against an opponent who is eligible for Legal Aid, it is very unlikely that you will get an award of expenses against them even if you win the case since it is the Court’s practice not to make such awards.

 

12. If you are wholly or partially unsuccessful in a civil case, you should expect that the court will order you to pay the opponent’s judicial expenses or part of them. It is particularly difficult to predict how much these might be because it will depend how far the case goes and how much work your opponent’s solicitor has to do. But you should budget for these expenses in addition to what you have to pay to this firm. Please note that the court can make awards of expenses during a court action at certain stages based on the outcome of procedural matters (eg when amendment is required to court pleadings), and not the substance of the case (which you might still win). If such stage awards of expenses are enforced by the opponents, you will have to meet them at that time or have a decree for expenses pass against you. The question of expenses must therefore be kept in mind in assessing your position as the case progresses.

 

13. You should bear in mind that, whilst it is not possible to predict the course of a civil court action at the outset or the amount of work that will be required, defended court actions tend to be expensive. From a purely commercial point of view, simple procedure actions (those under £5000) and ordinary actions of low amount, if defended, are rarely remunerative to you once the final amount of legal fees is taken into account. It must be borne in mind that legal fees may amount to more than the amount in dispute and you may end up out of pocket even if you are successful. This is particularly so in Simple Procedure actions where the amount of expenses against the other party is normally capped at 10% of what you are awarded by way of principal sum. Our firm’s fees will not be capped to the level of any financial return that you obtain but will expressly be based upon the provisions of Clause 4 above and Appendix 1 below. Accordingly, from the outset, you should actively consider negotiation of your claim with the other party if a

 

 

Woodward Lawson Solicitors’ Terms and Conditions (Fifth Page of 12 Pages)

 

 

reasonable opportunity arises since that may be the most cost-effecttive route even with a strong case.

 

14. Apart from a few limited exceptions, at our discretion, this firm does not carry out civil court work under either of the Scottish Legal Aid Board’s (SLAB) schemes. Accordingly, if you wish to be assessed for legal aid or an associated scheme, you must go to another firm providing such a service. We are unable to assess your eligibility under such schemes since we are unfamiliar with the details of them. Furthermore, if you consider that you may have become eligible for legal aid during the conduct of an ongoing matter (eg through long term unemployment), it is your responsibility to raise such a matter with us. You must pay for the services rendered by this firm up to that point, and thereafter, this firm will try and facilitate the smooth transfer of your file to another firm which does provide legal aid although, given how few such firms exist, we cannot guarantee that this can be achieved.

 

15. Should you incur any loss as a result of the negligence or fault of this firm, our maximum liability and the total amount recoverable will be restricted to £2,000,000 sterling. Under our complaints procedure, you should address any matter to the solicitor with whom you are dealing first of all for consideration and response. Thereafter, if you are still unsatisfied, you should direct your complaint to the principal and client relations manager of the firm, Ian Woodward-Nutt in writing, failing which Philip Lawson who shall adopt that role in circumstances of any complaint being against Ian Woodward-Nutt. If you remain dissatisfied after this process, you can apply to the Scottish Legal Complaints Commission within three years after the date on which you were last provided with a service in connection with the specific piece of legal work you wish to complain about. Their contact details are The Stamp Office, 10-14 Waterloo Place, Edinburgh EH1 3EG, their office telephone number is 0131 201 2130 and their general email address is enquiries@scottishlegalcomplaints.org.uk. We recognise that Alternative Dispute Resolution 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 that you receive from this firm, you should contact the firm’s client relations manager, as above.

 

15. At the end of the matter upon which you have instructed us, we shall retain your file (or files) for (i) 10 years from the date of the final entry on the file in respect of civil cases and (ii) 3 years in respect of criminal cases from the date of the conclusion of the case (apart from life sentence cases which will be retained indefinitely) and then it shall be destroyed. If you wish us to retain the file for a longer period of time, you must let us know in writing at the time of the final invoice. Our Data Protection Policy is attached. This is set out in Appendix 2 below for sake of clarity and ease of reference.

 

16. The law of Scotland and the exclusive jurisdiction of the Scottish courts apply to this contract.

 

 

 

Woodward Lawson Solicitors’ Terms and Conditions (Sixth Page of 12 Pages)

 

 

17. You have instructed us to act for you and provide advices and representation in relation to your case.  In terms of the anti-money laundering regulations. In terms of the anti-money laundering regulations (AML), you must provide us (1) if you are a limited company with a copy of your company’s certificate of incorporation, photo IDs of its directors and a recent utilities bill linking the company to its present address or (2) if you are an individual, sole trader or partner of a firm with a copy of a photo ID (and those of your partners in any firm) and a recent utilities bill linking you and/or your business to your present address, within 7 days of the initial instruction, failing which we reserve the right to close your file and submit our account for services carried out in the interim period.

 

18. A deposit is required at the outset. Should that deposit not all be required, the remaining amount after fees and outlays will be returned to you after the feenote is issued.

 

 

APPENDICES 1 AND 2 REFERRED TO WITHIN, AND PART OF, THE TERMS AND CONDITIONS UPON WHICH LEGAL SERVICES ARE PROVIDED TO YOU ARE SET OUT ON THE FOLLOWING PAGES 7 TO 12.

 

​

 

Appendix 1 - Terms and Conditions – Summary of Fee Guidelines

 

 

Rate

 

The fees chargeable by Woodward Lawson are on the basis of units. The rate or amount of the contractual unit is fixed at the outset of instruction. In addition, VAT is chargeable at 20%.

 

Method

 

The method of charging that we use is, in general terms, on the following basis, and is commonly referred to as “time and line”:

 

• 1 unit for every 6 minutes or part thereof of time spent on any activity related to your case including meetings, travel, telephone calls, reading and considering your written instructions and emails with case information, and preparation for meetings and hearings and conduct of  court or quasi-judicial hearings.

• 1.25 units for every 125 words or part thereof in a letter or email either sent or received by us;

• 5 units for every 250 words in drafting a formal document e.g. court documents including writs, inventories, defences,  and affidavits (sworn statements), separation agreements, minutes of agreement, adjudication and arbitration documentation and all other documents of a formal nature including Wills

• 2.5 units per 250 words for revising or perusing a formal document including any of the above and such additional documents as expert’s reports or counsel’s opinions on points of law or procedure.

 

This list is merely a summary of the main items forming the basis of our charges. This method of charging units (eg 1 unit for every 6 minute of time spent on an activity) is the recognised detailed method of feeing charging used by the legal profession in Scotland.

 

The unit rate used may be increased at the start of each calendar year but, if so, written notification will be given to you at around that period of the year.

 

 

 

 

Appendix 2 – Terms and Conditions - Data Protection Policy of Woodward Lawson

 

Introduction

 

This appendix contains our data protection policy notice, and explains what information we collect, when and why we collect it and how we use it. During the course of our activities, we collect personal data (which may be held on paper, electronically or otherwise) about you, and we recognise the need to treat it in an appropriate and lawful manner. The purpose of this policy is to make you aware of how we handle your information and your rights arising from this.

 

Who are we and What are our Procedures under the Data Protection Law?

 

Ian Woodward-Nutt trading as Woodward Lawson Solicitors (WL) is a law firm and provides legal advice and assistance services to its clients. The firm is regulated by the Law Society of Scotland.

 

The personal data that WL processes is to enable us and our staff to provide these services to you, as necessary.

 

This policy notice sets out WL’s commitment to ensuring that any personal data processing, including special category personal data (see definition below), which WL processes, is carried out in compliance with data protection law. WL ensures that good data protection practice is imbedded in the culture of our staff and our organisation.

 

WL’s data protection policies and procedures include;

 

• privacy notices

• record of processing activities

• personal data breach reporting process and a breach register

• data retention policy

• data subject’s rights procedure

• data protection impact assessment process

• IT security policies

‘Data Protection Law’ includes the General Data Protection Regulation 2016/679; the UK Data Protection Act 2018 and all relevant EU and UK data protection legislation.

 

Scope

 

This policy applies to all personal data processed by WL and is part of WL’s approach to compliance with data protection law. All WL staff are expected to comply with this policy.

 

What Information Collect From You and the Purpose of the Collection?

 

WL collect information about you which includes:

 

• When you become a client of our firm, we will request you to provide us with full details of your name, postal address, telephone number and email address to allow us to contact and communicate with you.

• When you become a client of our firm, we will request you to provide us with certain data to meet our Anti-Money Laundering Regulation obligations, namely, (i) a photocopy of a photographic ID, usually a passport photograph or a driving licence and a recent utilities bill confirming your current residence (if you are an individual or a partner in a business partnership) or (ii) a certificate of incorporation, a recent utilities bill confirming your current place of business and a photocopy of a photographic ID, usually a passport photograph or a driving licence of each director (if you are a limited company), such information including dates of birth.

• When you provide us with information and instructions in relation to the matter upon which you have instructed us in order to allow us progress that matter, perform our obligations and duties to you, supply you with the services that you have requested and for all other purposes consistent with the proper performance of our operations and business as legal advisers.

• When you provide us with your arrangements for payments to and from us, such as bank account details, employment details, benefit entitlement, national insurance numbers and other income and expenditure related information.

WL may also receive information about you from third parties which includes:

 

• Benefits information, including awards of Housing Benefit/Universal Credit

• Payments made by you to us by your bank

• Complaints or other communications regarding your alleged behaviour or conduct including information from Police Scotland, local authorities or public offices, and other third parties.

 

Special category personal data

 

This includes the following personal data revealing:

 

• racial or ethnic origin

• political opinions

• religious or philosophical beliefs

• trade union membership

• the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person

• an individual’s health

• a natural person's sex life or sexual orientation

• criminal convictions or offences

WL processes special category data of clients and third parties as is necessary to provide legal services for the establishment, exercise or defence of legal claims.

 

WL processes special category data of employees as is necessary to comply with employment and social security law. This policy sets out the safeguards we believe are appropriate to ensure that we comply with the data protection principles set out above. WL also has a data retention policy which sets out how long special category data will be held onto. 

 

 

 

Data protection principles

 

WL complies with the data protection principles set out below. When processing personal data, it ensures that:

• it is processed lawfully, fairly and in a transparent manner in relation to you (‘lawfulness, fairness and transparency’)

• it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)

• it is all adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (‘data minimisation’)

• it is all accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without undue delay (‘accuracy’)

• it is kept in a form which permits your identification for no longer than is necessary for the purposes for which the personal data is processed (‘storage limitation’)

• it is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)

WL will facilitate any request from you if you wish to exercise your rights under data protection law as appropriate, always communicating in a concise, transparent, intelligible and easily accessible form and without undue delay. 

 

Process/Procedures/Guidance

 

WL will:

• ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law

• not do anything with your data that you would not expect given the content of this policy and the fair processing or privacy notice

• ensure that appropriate privacy notices are in place advising staff and others how and why your data is being processed, and, in particular, advising you of your rights

• only collect and process the personal data that it needs for purposes it has identified in advance

• ensure that, as far as possible, the personal data it holds is accurate, or a system is in place for ensuring that it is kept up to date as far as possible

• only hold onto your personal data for as long as it is needed, after which time WL will securely erase or delete the personal data – WL’s standard data retention policy is a period of 10 years from the date when the file is closed in respect of civil law files and 3 years in respect of criminal law files from the conclusion of the case (except with cases involving life sentences which will retained for an indefinite period).

• ensure that appropriate security measures are in place to ensure that                          personal data can only be accessed by those who need to access it and that it is held and transferred securely

WL will ensure that all personnel who handle personal data on its behalf are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised.

 

 

 

 

 

Sharing of Your Information

 

The information you provide to us will be treated by us as confidential. WL may disclose your information to third parties for the reasons which include those set out below in this notice, or otherwise, for purposes specifically approved by you:

• If we enter into a joint venture with or merge with another business entity, your information may be disclosed to our new business partners or owners

• the employees of the Scottish Court Service and Public Guardian’s Office who process paperwork related to court cases and guardianship applications

• experts in various fields who are instructed on your behalf for the purposes of preparing reports and appearing as expert witnesses

• law accountants for the purposes of assessing and producing reasonable fee notes arising from your file

• the Scottish Legal Aid Board for any funding applications made on your behalf under the Legal Advice and Assistance and Legal Aid Schemes.

• Any other third party where WL are required to do so under statute; any regulation, guideline or other order as issued by the Law Society of Scotland or Scottish Legal Complaints Commission; professional indemnity insurers in line with our professional obligations or by way of any order from a Court or Tribunal.

 

Data Subject Rights

 

WL has processes in place to ensure that it can facilitate any request made by you to exercise your rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff will be able to identify such a request and know who to send it to.

 

All requests will be considered without undue delay and within one month of receipt as far as possible.

 

You have the following rights:

 

Subject access: the right to request information about how your personal data is being processed, including whether your personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:

 

• the purpose of the processing

• the categories of personal data

• the recipients to whom data has been disclosed or will be disclosed

• the retention period of the personal data

• the right to lodge a complaint with the Information Commissioner’s Office

• the source of the information if not collected direct from you, and

• the existence of any automated decision making process

• ​

Rectification: the right to allow you to rectify inaccurate personal data concerning you.

 

Erasure: the right to have data erased and to have confirmation of erasure, but only where:

 

• the data is no longer necessary in relation to the purpose for which it was collected, or

• where consent is withdrawn, or

• where there is no legal basis for the processing, or

• there is a legal obligation to delete data

 

Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:  

 

• if the accuracy of the personal data is being contested, or

• if our processing is unlawful but you not want it erased, or

• if the data is no longer needed for the purpose of the processing but it is required by you for the establishment, exercise or defence of legal claims, or

• if you have objected to the processing, pending verification of that objection

 

Data portability: the right to receive a copy of personal data which has been provided by you and which is processed by automated means in a format which will allow you to transfer the data to another data controller. This would only apply if WL was processing the data using consent or on the basis of a contract.

 

Objection to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless WL can demonstrate compelling legitimate grounds for the processing which override your interests or for the establishment, exercise or defence of legal claims.

 

Responsibility for the processing of personal data

 

The principal of WL, Ian Woodward-Nutt, takes ultimate responsibility for data protection.

 

If you have any concerns or wish to exercise any of your rights under the GDPR, then you can contact the data protection lead in the first instance:

 

Name: Philip Lawson
Address:  7 Queens Gardens, Aberdeen AB15 4YD
Email: philip@woodwardlawson.com
Telephone: 01224 619330

 

Monitoring and review

 

This policy was last updated on 1st January 2024 and shall be regularly monitored and reviewed, at least every two years.

 

 

CONTRACT REVISION – 1STJANUARY, 2024