Legal FAQs

What is the University's formal constitution?

The University of Dundee is established via Royal Charter. The constitutive documents of the University are the Statutes and Ordinances.

I need to have something signed by the University? Who has authority to sign?

The University of Dundee's Court has approved a Schedule of Delegations. Only persons named within the Schedule of Delegations can sign specified agreements for and on behalf of the University of Dundee. Failure to adhere to the Schedule of Delegations runs the risk of the contract being set aside for reasons of ultra vires.

What is the procedure when documents have to be executed as Deeds?

If a document prepared for official University business is required to be signed as a deed, please consult the Legal team at the earliest possible stage as there are certain formalities which must be adhered to.

Can I instruct external counsel for a University matter?

No. University personnel should not contact outside counsel concerning University business without first consulting the Legal team. Only the Legal team can authorise and approve fees for outside counsel on behalf of the University. If you believe outside counsel is needed for a University matter, you should contact the Legal team first. A Legal team member will evaluate the matter and determine whether outside counsel is necessary or appropriate. If so, the Legal team will appoint the relevant outside counsel with the required expertise. 

Can the Legal team at the University of Dundee represent or give legal advice to individual faculty members or students on non-University matters?

The Legal team can represent you directly or through counsel engaged by the University if you are sued in your official capacity as a University employee. The Legal team cannot provide legal advice or representation to students, employees or others for personal matters which fall outside of your engagement with the University. A Legal team member may be able to refer or recommend an external counsel if appropriate.

Are my communications with Legal confidential?

Your communications with Legal team lawyers are privileged as to third parties. If you have any questions or concerns about the confidentiality of a particular conversation, you should ask the lawyer before the conversation begins.

How do I report unethical behaviour?

You should contact your line manager in the first instance, however if you feel unable to do so, please contact a member of the Legal team.

What should I do if I receive a call or letter from an external lawyer?

If you are contacted by an external lawyer in connection with University business or your work for the University, please notify the Legal team immediately. The Legal team will work with you to determine what steps are necessary.

Please do not speak or correspond directly with an external lawyer representing someone outside the University who is engaged in or is threatening legal action. If you are contacted by telephone you should politely decline the call and direct the external lawyer to the Legal team. If you receive an email please forward this to the Legal team. If you are served documents that name you personally in your official capacity, please notify the Legal team immediately and forward the documents to this office. You may wish to keep a copy for your records. The Legal team will review the documents, determine what steps are required, and discuss your involvement with you as necessary.

I have been called as a witness in a case? What should I do next?

If you are called as a witness in a criminal case, the police and court will want to hear what you have to say. The University would encourage you to engage with the process and tell your side of the story to the best of your recollection. If it is a civil case the process is the same, however it may not be in court but a tribunal. If you require support, please contact the Legal team.

Contracts

The University's formal name and description, used when signing contracts

UNIVERSITY OF DUNDEE, a registered Scottish Charity established by Royal Charter dated 20 July 1967 (Charity Number SC015096) and having its principal office at 149 Nethergate Dundee, DD1 4HN

I have been asked to negotiate, review, or sign an agreement relating the University. Should Legal Services review it?

If contract management is outside of your day-to-day activities, you should contact the Legal team, who will work with you to determine what steps are necessary. Signing of documents is regulated by the Schedule of Delegations, so if in doubt, please speak to the Legal team before taking action.

Disputes, litigation, and legal privilege

Am I indemnified if I am sued in connection with University business?

If you are sued whilst properly carrying out University Business in your official capacity, you will usually receive the benefit of an indemnity from the University.

What is the significance of Legal Privilege?

Legal privilege is an absolute confidentiality between a client and their lawyer, and would entitle the University to withhold evidence from production to a third party or the court. This evidence may be either written or oral.

I want to serve a claim on the University

All notices of claims against the University should be served on the following address: Director of Legal, University of Dundee, 149 Nethergate, Dundee, DD1 4HN

Notaries, oaths and certifications

Will a lawyer in the Legal team act as a notary: administer an oath, affirmation or statutory declaration; or certify a document for me?

The Legal team shall only notarise documents in connection with University business. Please bring unsigned original document(s) and identification during regular weekday office hours from 9am - 5pm.  Proper identification includes a current and valid driver’s license, passport or ID card.