I am sure that many conveyancing solicitors will be disappointed with the guidance of the Law Society's conveyancing and landlord committee (see [2004] Gazette, 28 October, 38).


Having said this, it would be hard to argue with the guidance, save perhaps for the suggestion that a buyer's solicitor, prior to completing part 11 of the form would, in addition to reading the file, also need to read 'any other relevant file that they have by checking the filing records'. I strongly doubt that any save for a small majority of conveyancers would dream of pulling out an old archived file to trawl through the documentation to check whether the current seller's replies are correct.


Given that any guidance from the committee is as rare as a rise in legal aid rates, it should be gladly accepted. However, it is a pity that the committee could not use its valuable time to deal with a problem, the resolution of which would be greeted with delight by all conveyancers, that is to devise a simple and feasible solution to the increasing problem of completions being delayed on manic Fridays owing to delays in the banking system.


I proposed many years ago that if a buyer's solicitor was entitled to rely on a seller's solicitor's undertaking to discharge a mortgage, then there should be no reason why a seller's solicitor could not rely on a buyer's solicitor's undertaking that the purchase monies were in transit. Surely it would then not be beyond the capabilities of the Law Society to sit in judgement in the unlikely event of a breach of such an undertaking. The written response that I have received in the past from the Law Society was that it was 'reluctant to encourage the wider use of undertakings'. The Law Society also suggested that the answer rested 'in persuading the banks to offer' a more efficient system.


I accept that there would need to be an alteration to the current accounting rules. However, given the acceptance by the committee that 'sellers and buyers want transactions to proceed as efficiently and as quickly as possible', surely it is not beyond the capabilities of the committee to sort this matter out.



David Huyton, Huyton Roberts, Bromborough, Wirral