Save our Countryside

Close your eyes, cast you mind back to when you last visited the countryside. Remember how beautiful and tranquil everywhere looked, and how relaxed I bet you felt.  Now keep those thoughts and just think how you would feel if the tranquil and idyllic setting you are remembering was suddenly turned into a battlefield with 40 to 50 excitable people running around in combat gear and  repeatedly  firing a paintball gun and shouting and screaming?.  How would you feel when the landscape that you were escaping too was littered with smoke bombs and inflatable objects reminiscent to an episode of ‘It’s a Knockout’? I bet you would not be too pleased.

This may all sound like the promo for a Paul McKenna self-help CD, but there is a serious edge to it.  The fact is that over the past 12 months or so there has an increasing number of planning applications seeking permission to make use of large areas of our countryside for urban purposes. The worrying aspect is that a vast number of these are being passed even in areas where settlement limits apply.   The consequence of this worrying trend is that it has and continues to adversely impact on the visual attributes of our countryside as well as the amenity of those who live within it and the ecology.  In short there are many areas of our countryside that are becoming urbanized.

So where is the justification for this?  I am not really sure but a clue may be found in the case of a pending application for change of use to allow a Norfolk farmer to use woodlands and agricultural land, in an area of the beautiful and mainly unspoilt Wensum Valley, north of Norwich (Ringland) for the purposes of operating a paint balling park.  

I along with others living within the area have over the past couple of weeks been working hard to oppose this application and during our campaign we have come across wide support from local people and also people from around the country.  We have come very few who see any benefit from turning this lovely piece of countryside into a noisy and visually unpleasant combat zone.  However a local Councillor at a recent meeting said he thought it would be good for the area as it would create jobs.  He added with an air of arrogance that the Council had recently received a directive from Government to do all they can to allow development of this type to take place if this in turn created job opportunities.

It is a sad state of affairs when one of the last barriers in place to ensure our countryside is protected appears to have been removed because of economic pressures.  I am sure David Cameron did not intend for Councils to forget their obligation towards the protection of the countryside when his Government issued the directive, and I am even more certain that it was not intended to be acted upon without giving thought to other equally important planning considerations.  The daft thing about all of this that the farmer in question believes only 2 full time jobs will be created.

I seriously question whether the sacrifice of the local wildlife inhabitants, the loss of amenity to those who live in the area and the destruction of a piece of countryside that plays an important part in bringing tourists to the area, is worth the ‘benefit’ of creating two jobs.

I would invite you to add your support to our campaign to protect the countryside from unwanted and wholly unnecessary development of this type by lodging your views with the local planning authority – Broadland District Council planning.administration@broadland.gov.uk .   Just keep in mind the next application of this type could be on your doorstep! 

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Solicitors face rise in professional indemnity premiums

There was an interesting article in Mortgage Strategy recently which caught my attention. The article predicted that around 50% of Lloyd’s customers could fall victim to negative equity if property prices decline by a further 10-15%. If this is correct then as is happening in Southern Ireland institutional lenders will inevitably be seeking recovery from somewhere or someone when they begin to suffer loss.  In Southern Ireland it is known that Conveyancing now counts for 70% of all professional indemnity insurance claims.

What is happening in the background should be taken seriously particularly at a time when many solicitors are now looking to renew their professional indemnity cover.

There is no doubt that premiums will rise.

The problem practitioners’ face is that there is a complete and total lack of transparency within the professional indemnity insurance arena.  Many of us are asked to complete quite detailed risk assessment documents. These are required by the insurers to that they can access the risk each firm presents and to then tailor a quote accordingly.

The problem is that when completing these forms there is little understanding on how an answer to a particularly question will affect the risk assessment and consequently the size of the premium to be paid. There is no guidance within the proposal form or risk assessment form that helps to understand how risk is assessed.

Knowing how membership of one particular accreditation scheme can affect the level of premium is important because it will encourage firms to invest time and money into obtaining ‘badges’ of this type.

Surely it is in the interests of the insurers to be transparent to make it clear what percentage reduction certain actions will result in so that all of us can then do all that we can to make sure those actions are taken in the  knowledge that this will result in lower premiums in the future.

I question what the Law Society is doing to assist in brining pressure on insurers to make this information available. Our insurer broker mentioned that being a member of the Conveyancing Quality Scheme is of importance but could not say whether it would actually result in a significant reduction in future premiums.

The other issue I have with insurance is that there are so many brokers out there looking for your business but the majority of these are tied in with certain insurance companies. Surely this must present a conflict of interest and not always lead to the best deal.

It would be better use of Law Society resources if it took the time to review and investigate this market and to bring in measures to improve the situation for practitioners who are for the majority of the time working very much in the dark.  Is this likely to happen?  No.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Leading Clinical Negligence Practice appoints new equity partner

Leading Norfolk based Clinical Negligence practice Morgan Jones and Pett has today announced the appointment of Sara Westwood as a new equity partner.

Sara joined the firm as a Trainee Solicitor in January 1996 with an Upper Second Class Honors Degree from London Guildhall University.  She qualified in February 1998 and became a salary partner in April 2001. She is a member of the Law Society's Clinical Negligence Panel and a Senior Litigator with APIL.

Announcing the appointment David Jones, Senior Partner at MJP, told staff:

‘’Today I am so very proud to announce that Sara joins the firm as an equity partner, the first in the firm’s 37 year history.  The firm recognised Sara’s many qualities from day one and all that she would bring to the firm. There is no substitute for a person who progresses through the ranks of the business, working from top to bottom, and now that Sara’s place in the future of the firm is secure, I find it tremendously reassuring’’

Sara is a senior litigator within the firm’s clinical negligence team and has in recent months handled several high profile clinical negligence cases. Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at sarawestwood@m-j-p.co.uk

Ideal time to purchase your freehold or extend your lease

While we are all concerned that house prices have diminished over the last few years and with the suggestion of the period of decline flattening out as Leaseholders this could be an ideal time to buy the Freehold to your Properties or Extend your current Lease!  

If you have owned your Leasehold Property for a period of 2 years or more you may together with your fellow Lessees be in a position to force the current freeholder to sell to you thus taking control of your leasehold future and with the valuations being at their lowest level for some time this may be the ideal time to do so.

At Morgan Jones & Pett we are able to offer specialist advice regarding your rights to purchase your freehold by way of collective enfranchisement  or extend your lease as well as complete the same on your behalf. Email andrewskuse@m-j-p.co.uk 

How do I find a good estate agent?

There are good and there are bad Estate Agents.  There are Estate Agents that are helpful and there are other Agents who inadvertently cause delay. Finding a good Estate Agent is therefore not an easy task.  In this article I provide some tips which I hope will help you find an Agent who will provide you with a good service and one commensurate with the fee that they charge. 

The Estate Agent will charge a fee according to the value of the property to be sold and this varies from 1% up to 3%.  This is different from how Solicitors charge as most will quote a fixed fee for the work which more often than not is tied in with the value of the property.  The fee of the Solicitor often therefore represents a very small proportion of the fee that you will be required to pay the Agent for marketing your property.

The tips I have are as follows:

Shop around as there is quite a variance in the rates charged by Agents and there are a number of online Agents who now offer their services for a fixed fee.

Don’t be tempted to place your instructions with the Agent who is offering the lowest fee.  There may be a number of reasons why the Agent is not charging a fee in line with other Agents and one of which may be that the Agent will not advertise your property as much as one that is charging a greater fee. 

Indeed it is important to find out at the beginning how often the Agent guarantees that your property will appear in the local paper and also whether or not it will be listed on Right Move’s website or other similar portals. It is important to get some form of commitment from the Agent as to the extent and length of the exposure your property will receive.

Most Agents keep details of the properties they have sold each month and it may help if you ask for these details to be made available to you before you make your decision.

Does the Agent offer any online access to their service so that you can check on progress outside normal working hours?

The Agent may be open to agreeing a split commission arrangement with you which enables you to pay more if contracts are exchanged within the specified period and less if it takes longer to find a buyer. 

If the Agent refers you to a Solicitor it is important to ask whether there is any arrangement that exists between that Agent and the Solicitor whereby the Agent receives a referral fee.  The reason for this is that if a referral fee is paid then the solicitor to whom you are referred will need to disclose this and it is important to know because sometimes the Solicitor may look to add this referral fee onto the fee you are charged.

It is important that you always get an agreement from the Agent in writing and to check all the terms and conditions before the agreement is signed.  It may be advisable only to agree to a short period of time for marketing because if the Agent doesn’t perform then you will be safe to instruct another Agent.

If you do instruct another Agent it is important to read the small print because some agents even after you have left them still reserve the right to charge a fee if it can be subsequently shown that it was as a result of that Agents promotion that a buyer was found.  My advice therefore is that if you move Agents you get a letter from the other Agent to confirm that there is no longer a right to raise a fee.

On the whole Agents can be very helpful during the course of the conveyancing transaction.  However, they can create unnecessary delay because of constant requests for updates from the Solicitor you instruct.  At the end of the day you are instructing the Solicitor not the Agent and therefore it is important that you tell the Agent that they should not contact your Solicitor without first seeking your prior consent.

The Agent will be expected to be paid by the Solicitor once your house is sold. If for any reason you do not wish for the Agent to be paid or you would rather pay the Agent yourself it is important to tell both the Agent and your Solicitor in advance of completion. 

Once the sale particulars have been prepared and sent to you for approval it is important for you to read through these carefully as mistakes can often occur. The statements contained in those sales particulars are often relied on by the purchaser and if there is anything therefore that is not correct it is important for this to be pointed out straight away.

Feel free to consult with a Solicitor before you market your property because local Solicitors often know who the good Agents and may be able to help you find an Agent through recommendation.

At the end of the day you are paying quite a substantial sum for the service and it is for this reason that you should always do your homework and shop around and perhaps also seek recommendations from friends, family and work colleagues before making your decision. 

If you would like to find out how we recommend within the Norfolk area feel free to email me as I am more than happy to assist.

 David Pett.  Solicitor and Partner davidpett@m-j-p.co.uk 

What is a compromise agreement?

It is regrettable that we are now living in a climate where we are seeing an increase in ‘forced’ terminations of employment  contracts.  Many employers, particularly in the public sector, are looking to reduce staffing levels and to facilitate the termination through compromise agreements.

The concept of a compromise agreement was created in 1993.  It is a document that records an employee’s agreement not to pursue an employment related claim, such as unfair dismissal or breach of contract. The agreement is usually in exchange for a sum of money.

In law the agreement will only be valid if certain conditions are met and in all cases if you are being required to sign a compromise agreement your employer should send you, along with the  draft agreement, to an independent solicitor  for advice.

So why is it so important to seek independent advice?

At MJP when we are instructed to provide advice we run through an established check list to make sure that the agreement you are being required to sign is valid and more importantly fair. 


We will check whether:

the sum offered to you represents a fair compromise


the reason given for termination has any bearing on you income protection scheme if you have one


your contractual entitlements will be protected until the termination comes into effect


you have as part of the compromise received compensation for accrued holiday, notice, and other contractual benefits




 the treatment and timing  of the payment is structured in a way to mitigate your tax liability


there will be help in finding alternative work with the production of a pre-written reference


the restrictive covenants are fair

Who pays for this?

The practice is that the Employer will pay a contribution towards the cost which is in the majority of cases will cover the solicitor’s fee.  In the main therefore it will cost nothing to seek advice.

If you wish to know more or to arrange a FREE consultation with us please call David Pett on 01603877000 or email him at davidpett@m-j-p.co.uk

Posted by David Pett

Lack of Building Regulations – Why is it such a problem when moving home?

Solicitors should always when a property is to be purchased ask if there has been any alteration made to a property, and whether planning permission and/or building regulations approval has been obtained.  At one time if no enforcement action in relation to building regulation was not taken within 12 months the buyer could proceed without fear of assuming the risk of liability.

However, in the case of Cottingham v Attey Bower & Jones [2000] PNLR 557, a firm of Solicitors were held negligent because they had not adequately investigated whether works had building regulation approval.  The building works required £30,000.00 worth of repairs and the buyer’s Solicitor was held responsible for the cost of this, because it was held that even though no enforcement action had been taken in 12 months it was still open to the Council to apply for an injunction at any time.

Since this case Conveyancers have always erred on the side of caution and ask for a copy of building regulations approval for any works irrespective of when they were undertaken.   The problem they often face is that Councils do not always keep a copy of the building regulation documentation for more than 4 or 5 years.

You may ask why a Council would bother to enforce say after 20 years. Realistically the chance of action is remote, but it is not inconceivable, because if the works   later raise a Health and Safety issue then the Council would probably not hesitate in taking action.

If you are a purchaser with a mortgage the situation is not going to be helped, because lenders are aware of this case, and always ask as a condition of the mortgage for confirmation the building approval has been obtained.  Sometimes a lender can allow the lack of building regulations to go through, if an indemnity policy, that is an insurance policy, is taken out to protect against possible enforcement action.

Insurance can only be obtained however if the Council has not been alerted to the fact of the absence of building regulation approval.  Interestingly therefore it is perhaps best at times for no inquiry to be made with the Council.

No all lenders however accept insurance.  It is down to the solicitor to check with the lender.

Insurance may not always be the answer because if there have been structural alterations undertaken, and there is no building regulation approval, then it is obviously important to make sure that the property is safe.  In those circumstances a structural survey is clearly essential and is likely to be requested by the lender.

So to recap if it’s found out there had been structural alterations, the first step is to ask the seller whether there has been any building approval.  If there is not, then to enquire about insurance, but to also give consideration to whether:-

-       The lender you are borrowing from is prepared to accept insurance.

-       Whether you are in fact prepared to accept this, because you could be buying a house that has structural problems.  Indeed it’s for this reason I always advise that a full survey should be obtained before contracts are exchanged.

Before paying for indemnity insurance please read this article by the same author:  Overuse of indemnity insurance 

By David Pett - davidpett@m-j-p.co.uk 

Rod Stewart announces in Norwich a long awaited return to song writing

Singing his heart out to an eighteen thousand strong crowd at Carrow Road in Norwich last night, Rod Stewart declared that after a writing drought for what seems decades, he is looking to write and record some of his own material.   Stuck in a groove with the American Song Book collection and some other albums of covers, this news will come as a pleasant surprise to fans like myself who have been waiting a very long time for Rod to come up with some original material.   I am sure we can all recall some of the classic Stewart penned songs such as ‘Maggie May’, ‘Stay with Me’ ( sharing the writing bill with old chum and partner in crime Ronnie Wood now with the Rolling Stones) and ‘You are in my Heart’.

So how was the concert? Superb.  Apart from some sound problems at the beginning which always seem to exist at his open air concerts, the gravel and soulful voice was both strong and elegant.   Singing with as much passion as fans like me have come to expect I am sure after 2 hours of ‘hit after hit’  no one in the crowd was left disappointed.  There were a few surprises.  A cover of a blue’s track from a forthcoming but yet to be released album and also a rare outing of ‘Every Picture Tells a Story’ taken from the critically acclaimed album of the same name.

The man has soul and despite his ageing years, his enthusiasm and love for music and providing value for those finding the money to come and see him is unremitting. He left the Norwich crowd with smiles on their faces and no doubt a flood of many happy memories generated by his music which for many of his fans has become a soundtrack for their lives.

Rod’s next outing  is at the end of June when he teams up with Stevie Nicks at the Hard Rock Concert In London  - a taster I hope of what was on offer during his recent sell out tour in the USA. 

Review by David Pett - davidpett@m-j-p.co.uk 

Do you lease your flat? Why is it important to consider extending your lease?

If your Flat was built in the 60s 70s or 80s the Lease is probably only for 99 or at most 125 years. A Lease with less than 80 years left to run is always more difficult to sell as mortgage companies will not be keen to lend against them particularly in todays lending climate. What was once a good investment could now developing into a financial burden.

We at MJP have the expertise to advise on Lease Extension or Enfranchisement. For further information and a FREE consultation contact Andrew Skuse on 01603 877000 or email andrewskuse@m-j-p.co.uk

Down's Syndrome compensation payment

Sara Westwood, partner and clinical negligence expert with MJP Solicitors, has recently settled a case in the sum of £3,000.00 for a client who is one of a number of ladies affected by the error in Down’s Syndrome screening at a local hospital.

If you have a similar concern or wish for further information please contact Sara Westwood on  01603 877000 or by e-mail at sarawestwood@m-j-p.co.uk

MJP Solicitors have a specialist team of clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been the victim of medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Legal aid under threat for clinical negligence claims - Appeal for Help

Keith Simpson MP

David Jones has specialsed in Clinical negligence cases for 27 years on behalf of legally aided clients is meeting with Keith Simpson MP on the 1st July, 20011 to discuss the Governments radical plans to change the way legal costs are dealt with impacting significantly on the future of legal aid.

If you have a point of view why legal aid should be retained or even extended, please email davidjones@m-j-p.co.uk or call David on 01603877000

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Why is a Will so important?

If you have no Will or your Will is currently out of date with your personal circumstances you are not then in control of the future distribution of your assets following your death. 

Indeed, you may well find that your everything ends up in the hands of relatives you have no relationship with or alternatively the government purse. 

Here at MJP Solicitors we are able to provide the guidance and service for you to make the  decisions to give you the necessary peace of mind that the future of your estate is where you want it to lie.

For a FREE consultation please call Andrew Skuse on 01603877004 or email andrewskuse@m-j-p.co.uk 

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Should I extend my lease or leave it at is?

Some clients are put off by the expense and time taken in making an application for a lease extension. However putting things off only makes it worse as the shorter the lease gets the lower its value becomes and the more expensive it can be to extend or to buy the freehold.  

At MJP we have expertise in this field and can help you make the right decision.  For a FREE consultation please call either David Jones or Andrew Skuse on 01603877000 or email davidjones@m-j-p.co.uk or andrewskuse@m-j-p.co.uk

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Negligent HIP replacement attracts award of £50,000

Simon Bransby of MJP Solicitors has recently recovered over £50,000 for a 70 year old man who was the victim of a poorly performed hip replacement

Simon Bransby

If you have had a similar experience or wish for further information please contact Simon Bransby on  01603 877000 or by e-mail at simonbransby@m-j-p.co.uk

MJP Solicitors have a specialist team of personal injury and clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been in an accident or suffered from medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Dog bite attracts compensation payment of £7500

Simon Bransby Personal Injury Specialist with MJP Solicitors has recently settled a case for young lady, who was bitten on the backside, by a dog. Fortunately the incident has not left major scaring but she suffered a psychiatric reaction and is now scared of dogs. The award of £7,500 was accepted after negotiations between the parties

If you have been in a similar accident or wish for further information please contact Simon Bransby on  01603 877000 or by e-mail at simonbransby@m-j-p.co.uk

MJP Solicitors have a specialist team of personal injury and clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been in an accident or suffered from medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

Are hospitals doing enough to prevent avoidable thrombosis?

The NHS, writes Simon Bransby,  is paying out millions of pounds in clinical negligence claims because hospitals are failing to spot life-threatening blood clots.

New figures show that since 2005 the health service has spent £112m compensating patients who have suffered an avoidable thrombosis.

According to thrombosis charity Lifeblood, just 30 of the 159 hospital trusts in England meet the mandatory goal of risk-assessing at least 90% of patients admitted to hospital.

That means 4.5 million patients a year miss out on potentially life-saving assessments that could prevent clots.

Simple measures such as compression stockings and blood-thinning drugs can reduce the risk of clots in high-risk patients, such as those having surgery.

David Jones, Senior Partner and Head of the Clinical Negligence Department at Norwich specialist clinical negligence solicitors Morgan Jones & Pett explains “These figures are not surprising. My firm regularly handle claims against the NHS for claims arising out of a failure to spot blood clots. It is well known that thrombosis prevention guidelines are in place and it is not difficult, with the right tests, to ensure that these life threatening conditions are spotted.”

David Jones adds: "It is evidently more sensible to ensure that the right assessment and treatment is carried out, as it much more preferable and costs substantially less, to treat patients rather than paying them off when things go wrong."

MJP Solicitors have a specialist team of personal injury and clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been in an accident or suffered from medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Spinal Fracture Compensation of £600,000

Sara Westwood, partner and clinical negligence expert with MJP Solicitors has recently settled a case for a 35 year old lady recovering compensation of £600,000.00 for injuries and financial losses sustained as a result of a hospitals failure to diagnose spinal fractures following a fall.

If you have a similar concern or wish for further information please contact Sara Westwood on  01603 877000 or by e-mail at sarawestwood@m-j-p.co.uk

MJP Solicitors have a specialist team of clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been the victim of medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Compensation for lady who conceived following negligently performed sterilisation

Sara Westwood, partner and clinical negligence expert with MJP Solicitors, has recently settled a case in the sum of £25,000.00 for a 29 year old lady who conceived following a negligently performed sterilisation operation.

If you have a similar concern or wish for further information please contact Sara Westwood on  01603 877000 or by e-mail at sarawestwood@m-j-p.co.uk

MJP Solicitors have a specialist team of clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been the victim of medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000

Is property indemnity insurance over used in conveyancing?

There seems to be a tendency these days to take the easy route whenever a problem with title arises.  Rather than carrying out investigation to inquire whether an alternative solution exists, an increasing number of conveyancers are turning to indemnity insurance to ‘plug the hole’.

I can understand the reason.  Conveyancing fees are being squeezed and there is pressure to move transactions quickly and with the minimum of case handler input.   On top of this is the increased pressure we all receive from clients to ensure there is minimum delay during the process.   Clients generally have only two priorities when moving home - to move quickly and at little cost.

It is often easier for a practitioner to ask the client to pay for the indemnity policy than to ask for extra fees to investigate other solutions.

I question however whether taking out indemnity cover is always the right decision to take.  Take for example the lack of building regulations.   Yes insurance is available to cover the cost of enforcement action but this does not address whether the loft conversion for instance is structurally safe.  I recognize this should be pretty evident to most of us but there is wide spread ignorance of cover afforded by indemnity policies.

In my view insurance should be viewed as a ‘last resort’ solution and one that should only be used after investigations of other solutions are at an end.  Yes this would mean extra work but if the reason for this is explained then there should not be any problem obtaining money from the client.  

Conveyancers should always check the terms and limitations of policy cover; failure to do so could result in a negligence action.  Conveyancers should also when a lender is involved consider the policy of the particular lender relating to the use of such policies.  If a policy already exists always check it against the current valuation of the property and consider if necessary top up insurance.

My other issue with indemnity policy is that there is no register to check whether a policy on a property has been previously established.   It would not take too much for the Land Registry to make it a requirement that policies activated on a property should be noted on the title.

Perhaps another answer is the adoption of a property logbook – as a firm we have developed an electronic logbook into which we upload for clients all documents (including the indemnity policy) relating to the property and which they will need when they come to sell.  We also include a loyalty voucher to ensure as best we can that the client comes back to us in the future.  If anybody wishes to know more about this product please feel free to email me

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk

PI Insurers pose greater risk to conveyancers than new SRA proposals?

There are changes afoot with the Solicitor Regulatory Authority’s plans for conveyancing firms.  During the course of the year the SRA will be carrying out a major review of the regulation of Solicitors undertaking conveyancing and the holding of client money because of the risks posed by a small number of firms engaged in property-related fraud and money laundering.

The thrust of the proposals is to ensure conveyancing firms take seriously the risks and establish good compliance and risk management systems.  I am sure that those firms who take conveyancing seriously will already be taking these risk seriously of not by choice by reason of pressure from their PI insurers.

The Strategy is due to be published in October and will operate alongside the Enforcement Strategy published on 13^th January 2011. It will set out how the SRA will engage with firms to ensure that the procedures etc comply with the Principles, achievement of the Outcomes in the new SRA Code of conduct and compliance with the new Handbook.

So why is there a need for a strategy?  Well believe it or not but Conveyancing claims represent about 50% of the value of professional negligence claims. Payments made by the fund have more than doubled over the last few years, tying in with the downturn in the property market.

So how will the SRA will engage with the profession and other stakeholders to ensure it gets the approach to the risks posed by conveyancing correct?   We are told The SRA will draw on the information and experience available (through the Law Society), clients (including lenders) and insurers.

If issues are identified the SRA will work with firms to put matters right and it suggested enforcement action will be a last resort.  The Strategy indentifies the issues that the SRA will be looking to identify and which include:

• Conflicts of Interest

• Referral Arrangements

• Costs Information (including publicity about fees)

• Financial Stability

• Property Related Fraud and Money Laundering

• Acting for Buyer and Seller

• Acting for two Buyers in a Contract Race

• Acting for a Buyer and Lender where the Lender asks a firm to go beyond standard Instructions

• The potential Conflict between duty of disclosure and duty of confidentiality when acting for Buyer and Lender

Firms will be expected to assess these and other conflict risks, and ensure that the systems are in place to identify and mitigate the risks.

The Firm’s referral arrangements will also be under scrutiny. We will be expected to assess these and other referral risks, and ensure systems are in place to identify and mitigate the risks presented by the following:

·       Valuable referral arrangements could compromise a firm’s integrity, professional judgement or independence.

·       Reliance on one-third party for a high proportion of conveyancing work could impact upon its financial stability.

The provision of cost information is another high profile area of the Strategy. Firms will need to ensure that their fees and costs are fairly expressed and not misleading.

Concerned about how financial instability could make firms more venerable to inappropriate pressures the Strategy will be focusing on the identification of firms who only do conveyancing or a significant part of their income is as a result of doing conveyancing.  These firms will need to consider what systems and controls to put in place for monitoring their financial stability and economic viability.

The Strategy will also take the opportunity to review the risks associated with property related fraud and money laundering because a large proportion of the value of payments from the Compensation Fund represents payments related to fraud in connection with conveyancing.

Firms will need to determine what policies, procedures, systems and controls they should put in place to minimise the possibility of being targeted for criminal activity. Again this seem to be re-emphasising the risks and need for processes that we have all had to live with and act upon for some time now.  I question whether there is anything new here.

So what tools will the SRA use to indentify these risks? The SRA will use a variety of strategies and tools to test the systems and controls firms put in place to address the risks they face.

The systems and controls will differ depending on:

• The size and complexity of the firm

• The nature of the conveyancing work undertaken (e.g. e-conveyancing)

• The firm’s client base (e.g. are clients local or national)

The tools and powers will include:

• Desk-based reviews

• On-site visits, including interviews

• Use of formal investigative powers, including requests for documentation and attendance of individuals at formal interview

• Obtaining documents or information from third parties, including law enforcement agencies

• Mystery shopping

• Thematic visits

The SRA has produced a transition manual “OFR at a glance http://www.sra.org.uk/solicitors/handbook/ofr-quick-guide.page. It contains Q & As on ethical dilemmas etc. It is not intended to replace or be a substitute for firms’ own internal procedures.

Overall there is not very much new within this consultation document; much of what is proposed reflects the risk assessment that many of us are now required to undertake as part and parcel of our PI insurance application.  At the end of the day it’s the PI insurers who hold all the cards and who will clearly irrespective of the SRA’s moves  determine the fate of many conveyancing practices.

Morgan Jones and Pett are solicitors who provide legal advice and services to clients based in England and Wales and who can be contacted on 01603877000 or via email at davidpett@m-j-p.co.uk