The Simkins Legal Helpline (Helpline) is a free legal telephone helpline service provided by Simkins LLP (we, us or Simkins) for MMF Members (you). The following terms and conditions shall apply to the relationship between you and us.
- The Helpline is only available and free to members of the MMF.
- The Helpline covers copyright and contractual legal issues in the music business in England & Wales only.
- Please note that we shall not advise you on taxation in relation to any matter and, accordingly, we recommend that you take independent tax advice on any appropriate tax structuring or planning. We are not authorised to advise on the merits of any investment transaction.
- There are six weekly Helpline slots. These slots will last for up to 30 minutes and will take place on Thursdays at the following times: 10am, 11am, 12pm, 2pm, 3pm and 4pm. Your call will be dealt with by a lawyer experienced in music business legal matters.
- When using the Helpline, you are requested to be ready with a concise summary of your enquiry and the legal question you wish to ask. We will, where possible and appropriate, provide initial basic information related to your enquiry based on what you tell us.
- If your enquiry relates to any other area of law, or work not normally undertaken by Simkins LLP, or if there are other circumstances giving us reason not to give you information (for example, a conflict of interest), we are under no obligation to provide any information or advice.
- We may ask you for information to help us with your enquiry. You must give us information we ask for as soon as possible and tell us if you think it is not complete or accurate. It is also your responsibility to carry out any action that we suggest. We will not be responsible for anything that happens because you have not promptly acted in accordance with our advice.
- Any information provided through the Helpline is given as a general preliminary guide only and should not be relied upon as a substitute for formal legal advice given in the context of full information (including documentation) provided by you to us in the context of a properly defined engagement. If you would like formal legal advice then please let us know.
- Where we believe formal legal advice is required, we will tell you. We will discuss next steps, including costs, with you so you can decide if you would like us to assist you further. If you decide to instruct us formally, then we will prepare an engagement letter which will record the terms of our engagement. You are under no obligation to use us for further formal legal advice.
- Information given through the Helpline is given by telephone only and not in writing. Documents (including letters and other written communications) cannot be considered, drafted or amended. We are under no obligation to take any action as a result of your call until Simkins is formally instructed in accordance with paragraph 9 above.
- We cannot receive or deal with any funds for you or on your behalf until we are formally instructed in accordance with paragraph 9 above.
- We reserve the right to withdraw the Helpline at any time without notice.
- We conduct checks to protect against acting in situations where there is a conflict of interest. Where a conflict arises or may arise (for example, where we find that your opponent is or has been our client), we may not be able to accept or continue to work on your enquiry.
- We will not reveal confidential information about you or your enquiry to other people unless you agree. We may be required by law to reveal certain information about you to authorities such as the HMRC and the National Crime Agency (in relation to matters such as tax, fraud and money laundering) and to our regulator (the SRA), our insurers and auditors for the purpose of their monitoring of our business.
- Our maximum liability, however arising (including as a result of breach of contract or negligence), for loss and damage of any sort whatsoever (including but not limited to interest and costs) incurred or suffered by you in connection with your use of the Helpline shall be limited to £3 million. If we are liable to you for loss or damage to which any other person(s) have also contributed, our liability shall be several, not joint, with such other person(s), and shall be limited to our fair share of the total loss and damage, based on our contribution to such loss and damage relative to the contributions due from such other person(s). This paragraph shall not apply to any liability for death or personal injury or any other liability for which exclusion or restriction is prohibited by law, nor shall it apply to any liability arising as a result of fraud or reckless disregard of professional obligations on our part.
- We aim to provide you with an effective and efficient service. If you think that we are not meeting these standards, please let us know. We have a comprehensive complaints procedure which is available on our website. If you wish to make a formal complaint you should contact one of our complaints partners in accordance with our complaints procedure. If you are not satisfied with our handling of a complaint, you may be able to ask the Legal Ombudsman to consider it (see www.legalombudsman.org.uk).
- If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of any other provision of our terms of engagement shall not be affected.
- These terms and conditions are not intended to and do not confer any rights on any third party under the Contracts (Right of Third Parties) Act 1999.
- These terms and conditions and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, English law. Each of you and us irrevocably submits for all purposes in connection with our terms of engagement (including any such dispute or claim) to the exclusive jurisdiction of the English courts, although any judgment obtained may enforced in any other jurisdiction.
T: 020 7874 5600
Simkins LLP is a limited liability partnership incorporated in England and Wales with registration number OC311400. Its registered office and principal place of business is at Lynton House, 7-12 Tavistock Square, London WC1H 9LT, where a list of members is available for inspection. Simkins LLP is authorised and regulated by the Solicitors Regulation Authority under SRA number 424878. The professional rules to which we are required to adhere are available via the SRA website www.sra.org.uk.