Scottish conveyancing firms reject Separate Representation

Scottish conveyancing firms reject Separate Representation

One of largest conveayncing firms in Scotland, McVey and Murricane (MM) has authored a report arguing that Separate Representation would be a disaster for the Scottish legal profession and the Scottish homebuying public.

The news follows the results of the Law Society of Scotland’s separate representation consultation which showed opinions were highly split when it came to separate representation.

Allan Radlow, MM senior partner said: "It would increase costs and stress for the public, render a conveyancing system, which is already teetering, practicably unusable and do absolutely nothing to achieve the legitimate aims of those who support separate representation.

“As we indicated in our submission to the Law Society of Scotland this is a politically motivated change which is not only unworkable but totally anti-competitive".

The firm sent a questionnaire sent to firms of solicitors who appeared in the top 100 list compiled by submissions for purchase applications to the Land Register of Scotland.

The questionnaire established from the respondents in how many transactions over the last three years had their firm, or a firm with which they were dealing, declined to act in a conveyancing transaction because of a conflict between the purchaser and lender.

73% of these top conveyancing firms had not had one case where a conflict had resulted in them withdrawing from acting in the conveyance.

The questionnaire also asked the respondents whether they supported separate representation, the status quo or a standards-based system fit for the 21st century. Only 10% supported separate representation.

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