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

Norfolk Solicitors launch low cost on line tracking system for home movers

MJP announce the launch of their very own online case management system – www.quickconveyance.com

We now offer home movers and agents the ability to track the progress of their sale and purchase transactions on line.    Quick Conveyance has been designed and built by us to ensure easy navigation and the ability to check in on your case progression from home, the office or on the move.  It is accessible 24/7 and the good news it is FREE and comes as part of our low cost home moving service.  For further details please email davidpett@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

What does conveyancing have in common with air traffic control?

Speed is at the forefront of most home movers’ minds.  They have decided to move, they have found a buyer and their only concern is to make sure they can take ownership of their new home by the next day. 

There is nothing wrong with this and I would be the first to admit that when I moved my mind was engaged with a similar thought. 

The difficulty this mind set causes however is when, as is happening more and more, this begins to impact on the relationship between client and lawyer.

I always tell my clients that until a transaction is underway it is hard if not impossible to estimate how long it will take to complete.  There are a multitude of problems that can crop up along the way.  Added to this is the difficulty a chain of transactions can cause when one has little control over the activities of others. 

For those paying by cash some of the delays can be avoided, but when there is a mortgage involved it is simply not possible to take short cuts, and despite claims of having to move in on a certain date to avoid sudden death, it is important to stand up to clients and make it known that sometime for very good reason it is not always possible to meet their expectations.

Often clients are so focused on the move that they become oblivious to the legal hurdles that need to be overcome to ensure the home they are buying or selling can be transferred without legal defect or other issues that could affect their enjoyment of the property.   Managing expectation is what a good conveyancing lawyer knows well; providing a balance between service and speed is the key.

In our conveyancing department we take care to keep clients informed and have recently introduced a very simple but effective case management system (www.quickconveyance.com) designed (in house) to allow the client to gain online access to documents and journal notes. It also allows selling agents to track progress online. 

It has been well received and has led to a cut in telephone enquires from both clients and agents.

Handling a large number of transactions is akin to bringing in aeroplanes at a busy airport, providing there are good organisational skills and IT systems, there should be no difficulty in making sure transactions can complete speedily without the fear of crash landing. 

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

Have you heard the one about the lawyer, accountant, banker and of course the Legal Services Act?

Put a group of lawyers, accountants and bankers together mix in some good food and drink and with a bit of luck you will generate an evening of lively debate. 

This is exactly what happened when I was invited along to a dinner hosted by a high street bank and a nationally known firm of accountants.   The purpose of the informal gathering was to debate the future of the legal profession in the light of the never-ending changes and challenges that lie ahead.

Putting to one side the countless opportunity seized by many to self congratulate, and ignoring in the main the sales pitch by the hosts, I was intrigued, and indeed surprised, by the differing views around the table on the changes that will occur once the Legal Services Act is fully implemented in October.

By way of background, many of the lawyer participants were from medium sized firms leaving my firm as the only three-partner firm in attendance.  The majority of these firms have in recent times become LLPs and much of the discussion (the dull part) centred on how these firms have put in place corporate structures to provide management. One firm was smitten about its decision a couple of years ago to bring in some high flyer from London to take on the role of Chief Executive.

Listening to these firms it occurred to me that many were so embroiled in trying to emanate the larger City firms they had to a large extent become oblivious to the bigger picture.  It may have been professional pride getting in the way but not one of these firms seemed in any way perturb by the inevitable challenges that will arise with the full implementation of the Legal Services Act.  One of the representatives actually popped up and announced that there was nothing to worry about! He expanded on this by saying like many of these ‘things’ it will all blow over!

I am not sure whether this reflects arrogance or a reckless disregard of the threats.  Perhaps it’s a bit of both.   The most worrying aspect was that the view expressed had the support of the majority of the legal attendees.  It was clear however that the banks and accountants are not so confident. There was much discussion around the table on how banks are beginning to tighten the screw on legal practices.   Firms with working capital deficiencies and succession issues now seem to be regarded as ‘high risk’.

The sudden change of fortune for  a certain large Manchester based practice that was forced into liquidation and the ramifications for its bankers, has clearly made banks look more closely at the balance sheets of law firms.  Add to this the uncertain future many high street firms face with increased competition and Jackson and the future does not look too good, particularly for the smaller firms.

The time to take ones head out of the sand and to give recognition to the threats posed by national brands with deep pockets to fund marketing is now. It is a sad indictment, and a very worrying one, that there are still a large number of lawyers out there who have yet to take any steps to protect those services that will inevitably become post Legal Services Act commoditised. These will include conveyancing, wills and personal injury.  We already know that SAGA, AA and the Co-Operative have plans to market services direct to the public, and more recently Quality Solicitors has agreed a deal with WH Smith to allow representatives to be in store to provide legal advice.

However wonderful we may believe we are, the fact is that those with legal problems who once would come through our doors, will without doubt be lured away with the power of national advertising and the attraction of low fees and perhaps even ‘club points’.  We live in a world where money is sparse, where people are looking to make cut backs in spending, to believe as some do that a good quality service will always ensure a client’s return, is, delusional.  Client loyalty is about to face its biggest ever test.

So you might ask what are we doing to prepare.  We are looking to establish a local co-operative to produce resources to run a campaign to keep work local and to look at ways of sharing services to reduce overheads.   The scheme has the backing of local banks and accountants have designed the financial model.  I am sure it will work and prove successful, however if it does not at least I can say that we have tried to do something.  Doing nothing cannot be an option.

Back to the dinner…. Great food and a fantastic insight into how divided our profession has become.

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

Time to change how we sell and buy property

It still amazes me how archaic the system is for conveyancing of residential property in this country.

The whole system is screaming out for reform and unfortunately the stakeholders that have interest in this market seem very reluctant to take any steps in an effort to improve the system and make it far more consumer friendly.

The following aspects of the process continue to frustrate me.

The old fashion and wholly unnecessary terminology used within conveyancing and documents and transfers. It is a wonder how anybody including lawyers can understand some of the clauses that I have come across. There is a need for these documents to be written in plain English and structured in such a way that they are easy to follow. Those working within the commercial contract sector should be brought into help to bring residential conveyancing documentation into the 21^st Century.


The significant difference in approach adopted by conveyancers spread around the country. Some belong to local protocols others belong to national protocols and we also have the Law Society protocol that is often cited. Why on earth can we not all operate under the same protocol and why has the Law Society allowed this crazy situation to continue for so long?


The same applies to Contracts. I come across so many variations for the standard conditions of sale and just do not understand why the terms and conditions cannot be the same for each transaction unless of course it is a leasehold or other common variation.


The endless pre contract enquiries that are sent out. Surely again questions about the title, about the search results could be cut down and the onus put on the seller to complete standard enquiries as part of the contract pack.

There must exist a simpler process and one that would make it far less expensive and a lot quicker for the consumer. It amazes me that the Law Society has never attempted as far as I am aware to put pressure on the government to look at this area of law and to put forward proposal for reform. It is difficult I know to set out rules when a lot of the practicalities rest on completion dates, mortgage offers etc but surely something can be done and done very quickly to uniform the documentation and make the process a lot simpler and easy to follow.

I just wonder whether solicitors have  a vested interest in creating the illusion that there is far more involved in the conveyancing transaction then there really is so as to justify their fees.

Having said that bearing in mind how low fees are now I doubt that this observation could be regarded as valid. If anything the fact that the fee scales have come down makes it even more important for the process to be simplified and made quicker.

I do not profess to have the answers but I am more than happy to be involved in finding a solution. The Labour government have the courage to introduce home information packs and although the legislation was flawed it did at least present an attempt to make the process quicker and indeed succeeded to a certain extent in speeding up the transaction.

I still find it incredible that the last set of real reform  made to the conveyancing process  happened  back in 1925.

The new Law Society Quality Conveyancing Scheme is designed as I understand to improve standards within the profession and although I still have reservations as to whether it will achieve its desired objective, it does anger me to think that so much time has been put in to putting the scheme when the resources might have been better diverted into reviewing and putting together proposals for the long overdue reform to our residential conveyancing process.

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

Two thirds of conservatories built require planning permission - conveyancers beware!

One of the most contentious areas of conveyancing concerns planning permission and building regulations or rather the lack of them, in relation to the erection of a conservatory.    

A large number of properties when sold include a conservatory and one that was probably built within the past 10 years.  Not many people when erecting a conservatory consider planning and building regulations, mainly because they rely on the suppliers to advise. Consequently there exist a large number of conservatories that have been built in contravention of planning and or building regulations.

So what should you consider when building a conservatory.   The first step to take is to contact the local planning department and provide them with the dimensions and other design aspects and seek guidance.  Try also the following website:

http://www.planningportal.gov.uk/permission/commonprojects/conservatories/

Don’t rely on your supplier as some are only concerned with taking your money!

In the hope it will help here are some pointers:

Building Regulations

Normally, to be exempt from the regulations the conservatory will need to meet the following criteria:

Built at ground level

Be less than 30 square metres in floor area

At least 50% of area that will form the external boundary / edge of the conservatory must be glazed and 75% of the roof area to be covered with either glass or polycarbonate

Must be separated from the house by an external quality door, patio door or French doors.

There should be an independent heating system with separate temperature and on/off controls

Glazing and the electrical installation must comply with IEE and building regulations

Even if the conservatory is exempt any structural opening created to link the house to the conservatory will require building regulation approval.

Planning Permission

Around two thirds of all conservatories require planning permission.

Under present legislation (and it may change soon ) normally you will not require planning permission if you meet with the following conditions:

It (and other buildings if any ) covers less than 50% of the garden surrounding the dwelling and permitted development has not been removed

It does no face any road

It is not 20m or less from a road or public footpath.

If built within 2m of the boundary line the highest point at that junction is no higher than 4m

Its depth on a detached property is no more than 4000 mm

Its depth on a semi-detached property is no more than 3000 mm

The maximum height is no more than 4000 mm

If built to the side elevation of a property it is no more than 4000 metres high and no more than 50% that of the original house

At least 50% of area that will form the external boundary / edge of the conservatory must be glazed and 75% of the roof area to be covered with either glass or polycarbonate.

Conservatories on listed building, national parks, Broads Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites will require permission

If in any doubt as mentioned contact your local planning department.

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 selling their soul in advance of the Legal Services Act

Local newspapers herald the arrival of a new ‘super brand’ for the legal profession and as a saviour for local legal practices against the challenge of competition when the flood doors open later in the year.

Its is true that the arrival of the Legal Services Act in October will without doubt change the legal landscape when it allows the likes of the AA, SAGA, and others to offer legal services direct to the public.

However I have strong reservations that national schemes that prey on the fear of unprepared and ill informed legal practices should be viewed as they purport as the only lifeline available. I also question whether these schemes have the depth of resources to compete at the same heights as well established and widely recognised brands such as the Co-Op.

It is inevitable that there will be increased competition after October but we should not as a profession panic and jump on the first bandwagon that emerges. Death will not arise as soon as the LSC act becomes law. It will take a short while before the large corporate concerns begin to have some impact on the market.  There is still therefore time to make informed decisions and to look at alternatives.

The lure of a being part of a new so called national brand may be strong, but we must pause and ask ourselves whether these providers have the same sized pockets as those companies which they will be competing with in the future. Can they sustain lengthy and costly marketing campaigns?  Do they already have a large national database of customers and others arms of business or linked business for cross sale opportunities?  How long will these schemes be around for? Can they seriously describe themselves as a new ‘super brand’?

More importantly why would you wish to co-brand your legal firm with a new un-tested brand name when you have worked so hard to create within your local area goodwill based on your trading name?   It just does not make sense. What happens if one of the other firms within the scheme and which shares your new ‘super brand” trading style messes up and lands themselves on the front page of the Daily Mail?

The fear firms who do jump too early must be that if the new ‘super brand’ flops or runs out of money, or suffers from adverse publicity,  how will those firms fare in the market in trying to revert back to where they were before they sold their souls to these schemes. 

My belief is that firms should band together and create local networks and to establish their own marketing hubs.  This is not difficult; it just needs like-minded firms to see the benefits of promoting the network to local people and to invest money in trying to keep legal work locally. In Norfolk and Suffolk we are looking to establish one of these networks with the help of local accountants, bankers, and other professionals. 

Keeping work local and looking at ways of making legal services and products more accessible to the consumer is essential for future survival and offers a solid and more sensible alternative to the national schemes making the rounds.  I am more than happy to share with others the model we have for our local network – without charge I should add!

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

Can outsourcing work for small and medium sized legal firms?

The buzz word within the legal profession is “outsourcing”.

A lot of the larger legal practices are already beginning to save vast expense through outsourcing backend and administrative tasks. They are handing this work to legal support services either from an outside law firm or a legal support company. If the work is outsourced to an entity based in another country this practice is sometimes called “offshoring”. The outsourcing industry is increasing each year and as of April 2010 there were around 5,200 professionals working within that sector. These were mainly based in India and the Philippines.

The question is whether a small sized legal practice should particularly in an age of austerity be looking at some form of outsourcing. The area in which there seems to be some growth is in the area of typing support.

Many of the providers of transcription outsourcing are based in the UK and work not only with legal firms but also other sectors such as the NHS.

The majority of these services operate on a “pay as you go” basis with no joining or monthly subscription fees. The dictation is digitally recorded and is transcribed by a nationwide panel of secretaries normally secretaries with legal experience.

There are a number of advantages to be gained by outsourcing transcription apart from the obvious one which is cost.

These include:

1.     The ability to get work out on the same day or within 24 hours of the work coming into the office which intern helps to speed up transactions and advance cases meaning that costs come in much quicker with the resulting benefit for cash flow.

2.      There is no sickness or holiday issues to worry about.

3.      The service can be provided 24 hours and is not limited to 9-5pm.

The downside is that those working on the typing of letters and memoranda etc are not aware as a secretary would of the background to the case and this lack of case knowledge can sometimes be found to be inhibiting.

There are also the SRA requirements to be addressed.

The Solicitors Regulation Authority issued its first public statement on the ethics of outsourcing back in July 2010. In general the SRA considers legal outsourcing to be perfectly acceptable as long as contingent ethical obligations are satisfied that include client disclosure.

In the statement issued the SRA notes “in accepting work from a client, the firm must always consider whether the work should be outsourced at all as they should have the necessary resources and competency to undertake the task. In summary a firm must act in the best interests of their client.."  

In November of 2010 the SRA announced that it is set to launch what is refers to as a “thematic review” of outsourcing. This is likely to take place sometime this year. The review is to identify whether there are any particular issues or risks that require changes to the current regulatory requirements or whether certain outsourcing arrangements need particular attention in a supervision process.

So coming back to where we started and the question of whether outsourcing can be an option for small to medium sized legal firms the answer must be yes although one must not underestimate the cost and management that will need to be invested in overseeing the outsourcing and making sure that the conduct rule requirements is met.

How much money would the outsourcing of transcription service save is really down to the individual firm to assess. The cost of a good legal secretary can range between £18,000 - £26,000 depending on the region. In comparison the cost of outsourcing is around £1 per minute of dictation and on the basis a fee earner will probably do around 60 minutes of dictation each day the annual cost is likely to be around £14,400.

Outsourcing will not be every firm's cup of tea but in an age where there is more and more pressure on resources this should be an option  to be considered sooner rather than later.

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

Housing Summit - No room for lawyers?

Interesting that the one absent party from the summit meeting on what should be done to help first time buyers, held and chaired by Housing Minister Grant Shapps on 15^th  of this month, was  a representative of the legal profession.   

The meeting was attended by ‘leading industry figures’ representing home builders lenders, councils and consumers.   Perhaps the Housing Minister, who of late has been preoccupied with television and radio appearances in his capacity as Local Government Minister, does not regard housing lawyers as having thoughts and ideas on what can be done to help our first time buyers. Perhaps it was a case of a simple oversight.

Yes, I know it may be more to do with availability of lower cost housing, and more affordable lending schemes, but there is clearly room for improvement in the conveyancing process that could be introduced to simplify and make less expensive the cost of purchasing.  

Lawyers working in the residential sales and purchase market day in day out know that the process of buying a property is broken and full of unnecessary form filling and other bureaucracy.   If as Mr Shapps claims there is need for all of the players in the industry to pull more closely together then clearly it is important to ensure that he has present representatives from all relevant sectors.   

Housing Minister Grant Shapps said:

"I called on key figures from across industry to come together today, because we must do more to help aspiring first time buyers - the average age of the first time buyer with no support from their family is now 37, and there are 1.4 million households who aspire to own a home but are simply unable to do so because of house prices and mortgage availability.

"I wanted to hear a first-hand account of the problems the sector faces, but I also wanted to knock heads together so the needs of young people who want to buy a home are put first. The Government is working with industry to improve the availability of mortgages - but there also needs to be a much more unified effort from across the board to work together, so we can ensure that young people are not locked out of the housing market."

Good rhetoric, and good intentions, but how long does it take a Government to conclude discussions with lenders on increasing the availability of lending, and although I agree there needs to be improved communication between the various ‘players’, the time for action is now and  perhaps less talking and more positive action is the key to this problem.

Conveyancing - The client's role

Buying a property may not be as straight forward as you have been led to believe. Even though you have instructed a solicitor there are certain responsibilities that still rest with you and which you must keep in mind. It is important to note that your solicitor may be based outside the area in which you live and therefore may not have personal knowledge of the property you are purchasing.

Your solicitor will send to you during the conveyancing process a plan showing the boundaries of the property. It is important for you to go out and visit the property if you haven’t already done so to check that those boundaries match that shown on the title plan.

If there are any other properties adjoining the land or property which are purchasing which you consider may affect your enjoyment of your new home again it is important for you to let your solicitor know and to enable him to check the property concerned.

If you are buying a new home which is in the process of being constructed or which may have just been built again it is a good idea to have a good look around the plot speak with the developer and just make sure where exactly other properties are to be built in relation to your own.

If you have entered into any agreement with the seller direct for the purchase of items or any other aspect of the purchase it is important to make your solicitor aware of that agreement so that advice can be given if necessary.

Do not rely on advice given to you by the estate agent and/or mortgage broker. They are not legally trained and although their effort to assist is always exercised in good faith misunderstandings and problems can occur if you do not seek advice from the solicitor you have instructed direct.

The time it takes to purchase a property can vary and is influenced by a number of variable factors. A number of solicitors promise to complete a transaction within 4-6 weeks. This is often possible but can never be guaranteed. It is important to discuss any preferred completion dates or deadlines with your solicitor and to not make any arrangements for removal until a completion date has been agreed and confirmed to you in writing.

If you are purchasing a property and have received a mortgage with a short report on the condition of the property it is essential to obtain a more detailed report from a surveyor and before you commit yourself to the transaction. This is not a requirement of the process but when one considers that a substantial amount of money is being paid for the property it seems to us to be a matter of common sense that you would want to know everything about the condition of that property before making your final decision.

You may have noticed when looking round the property that the property has been extended or a conservatory has been attached and if this is so again it is important to mention this to your solicitor so they can check to make sure building regulations and planning permission was sought.

If you do not understand the conveyancing process do not be shy about asking your solicitor to explain it. The problem with many solicitors is that they are so busy and focused on getting you into your new home that they sometimes miss the fundamentals of explaining at the outset how the transaction will proceed.

Your solicitor may mention to you during the transaction covenants or restrictions which effect the property which you are purchasing.

Restrictive covenants are restrictions placed on the way in which the property is or can be used. They usually impose by the original owner or the developer if its a new property they may place limits on actions that can be taken for example the type of vehicle that can be parked on your drive.

If the property you are purchasing is a flat it is important to check that there is no restriction on letting and which is often the case a restriction on the type of pets that can be kept.

The other type of covenant that you need to keep your eye out for is one that imposes a positive obligation upon you. For example if there was a covenant that requires you to maintain a shared driveway it may also contain an obligation for you to contribute to the cost of maintaining that driveway.

You may wish to go in and inspect the property before your solicitor exchanges contract just to make sure that everything is still as you remembered it. It is not uncommon that it can often be a quite a long delay between inspection and the communication of the offer and when contracts are exchanged.

You may also wish to inspect the property again after exchange and before completion just to make sure nothing has happened between exchange and completion. It is very rare for anything to happen and most people leave properties in quite a reasonable condition before moving out. There have been horror stories however. There was one client who moved in to find out all the light fitting had been removed along with the radiators.

The seller has to make available to you a form identifying what fixtures and fittings are to remain in the property and what are to be removed. It may be worth taking a copy of this along with you when you carry out your inspection prior to completion.

I should add the inspection of the property is not an essential requirement of the process. It is only a recommendation that is made to avoid any misunderstanding that may happen after the property completes.

At Morgan Jones & Pett we try and ensure that your move from your existing home to your new home is as painless as possible and we are always on hand to deal with any queries you may have about the process. We also do our very best to ensure that you move quickly although we cannot as mentioned in this article make any guarantees about the time it will take as quite a number of the factors that influence the time of the transaction are beyond our control.

Further information about Morgan Jones & Pett’s conveyancing service please contact David Pett at davidpett@m-j-p.co.uk. 

For a conveyancing quote please call Shelley on 01603877001

Conveyancing and Litigation - The differences

I have had the fortune to work in various different areas of the law during my career.  I started like most young lawyers of my time treading the boards of the local Magistrates Court trying my best to represent people who in the main had little appreciation for my efforts.  I then progressed into family law, running from court to court seeking injunctions only to be running back a week later asking for the injunctions to be withdrawn.  

For the majority of my career however I have been involved in the litigation process mainly undertaking personal injury work.  I have also undertaken sport related work acting for professional footballers and boxers.  A mixed bag which has become even more extensive in recent times with my introduction to residential conveyancing.   I have always had an interest in and enjoyed contract based work and therefore found the move into this area not so daunting.

My initial experience of this field of work has proved insightful. I have always looked upon conveyancing as uninspiring and dull.   A view I know shared by many other litigators.  I must say however that this is not a fair representation of what I have found to be a very demanding and often enlightening area of practice.  The danger, I suppose, of viewing and drawing conclusions from outside observations.

So how does conveyancing and litigation differ?

To begin with and the most noticeable difference is the pace at which conveyancing proceeds.  Unlike litigation where one is working within quite generous protocol and court timetables, the average conveyancing transaction time is around 6 to 8 weeks, during which the pressure to cross the finishing line is immense.  The fear of a transaction collapsing and the general stress of moving has made the process even more pressurized and demanding.  Letters coming into the office need to be answered on the same day otherwise the danger is that by the following day they will have been overtaken by events.

I equate the constant pressure to the buzz and work that goes into preparing for a large trial, making sure all of the witnesses turn up, collating and sorting trial bundles and generally ensuring all of the hard work undertaken during the previous 2 to 3 years is not put to waste.

The other major difference is the involvement of a large number of contacts and the obligation to keep everybody updated.  In litigation there is of course the client, the ‘other side’ and perhaps an insurer at the beginning. In conveyancing you can have two firms of solicitors to communicate with along with the two sets of estate agents and the client.    This has the effect of tripling the number of calls you would normally receive when working within litigation.

The third and major difference is the inconsistency in approach and application of the conveyancing process.  Each practitioner has his or her way of drafting contracts, some firms follow the Law Society protocol, other s follow local protocols.   It is clear that this is a process that is in need of reform.  It is too focused on form filling and administrative tasks and far more cluttered with pointless obligations and requirements than the court process that has benefited in recent years from constructive reform.

The time has come for conveyancers to step out of the ‘smoke and mirrors’ and join together to demand reform and to make the process simpler and far more consumer friendly.

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