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

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