Footing the bill over title deeds muddle

In a continuing series, the Law Society's practice advice service offers guidance on a range of subjects

Q How does the Law Society calculate its interest rate for late completion?

A The Society interest rate is 4% above the base rate for the time being of Barclays Bank.

At the time of going to press, the base rate is 3.75%, so the Society's rate is currently 7.75%.

The rate is published weekly in the Gazette on the In Practice' cover page and monthly in the data page.

Q Where can I find the specimen information for entitled persons under the Solicitors' (Non-Contentious Business) Remuneration Order 1994?

A This is set out in the Guide to the Professional Conduct of Solicitors, eighth edition, page 302 and is reproduced here.

The specimen information for the entitled person is not part of the order and solicitors may use any form of words which comply with the Solicitors' (Non-Contentious Business) Remuneration Order 1994.

The specimen states: 'Remuneration certificate:

(1) If you are not satisfied with the amount of our fee you have the right to ask us to obtain a remuneration certificate from the Law Society;

'(2) The certificate will either say that our fee is fair and reasonable, or it will substitute a lower fee;

'(3) If you wish us to obtain a certificate you must ask us to do so within a month of receiving this notice;

'(4) We may charge interest on unpaid bills and we will do so at [the rate payable on judgement debts, from one month after delivery of our bill];

'(5) (i) If you ask us to obtain a remuneration certificate, then unless we already hold the money to cover these, you must first pay: half our fee shown in the bill; all the VAT shown in the bill; all the expenses we have incurred shown in the bill - sometimes called 'paid disbursements';

(ii) However, you may ask the Office for the Supervision of Solicitors at 8 Dormer Place, Leamington Spa, Warwickshire CV32 5AE to waive this requirement, so that you do not have to pay anything for the time being.

You would have to show that exceptional circumstances apply in your case, and;

'(6) Your rights are set out more fully in the Solicitors' (Non Contentious Business) Remuneration Order 1994.

'Taxation:

You may be entitled to have our charges reviewed by the court.

(This is called 'taxation' or 'assessment'.) The procedure is different from the remuneration certificate procedure and is is set out in sections 70, 71 and 72 of the Solicitors Act 1974.'

Q From where can I obtain a copy of the second edition of the Council of Mortgage Lenders' Handbook?

A The handbook is available on-line only, on the Council of Mortgage Lenders' Web site at www.cml.org.uk.

Q I act for the purchaser in a conveyancing transaction which has just completed.

The seller's solicitor says he has posted the title deeds to me, but it appears that they have become lost in transit.

We had agreed to use the Law Society's code for completion by post.

Who is responsible for the cost of replacing the deeds?

A You are.

Under paragraph 10(ii)(b) of the Society's code for completion by post, the seller's solicitor undertakes to send the deeds by first-class post or document exchange to the buyer's solicitor as soon as possible after completion, and in any event on the same day.

This is done at the risk of the buyer's solicitor.

Q Can I act for a minor or person under a disability on a conditional fee basis? If so, with whom do I enter into the agreement?

A Yes.

Both patients and children (subject in the latter case to any order to the contrary made by the court, see CPR rule 21.2(3)) must have a litigation friend to conduct proceedings on their behalf.

You would enter into the conditional fee agreement (CFA) with the litigation friend, who would sign the agreement.

The law, rules and regulations relating to CFAs apply to patients and children in exactly the same way as they apply to everyone else.

Q What is an apostille?

A It is a certificate which authenticates the signature and seal of a person who has administered an oath or declaration.

This is issued by the Foreign and Commonwealth Office of a country which has ratified the Hague Convention of 5 October 1961.

Q My client intends to buy a property in Cornwall.

I understand I should make tin-mining and clay-mining searches.

Whom do I contact in order to do this?

A For a tin-mining search, contact: Cornwall Consultants, Parc Vean House, Coach Lane, Redruth, Cornwall TR15 2TT; tel: 01209 313 511; fax: 01209 313 512.

For a clay-mining search, contact: Imerys (Europe) PLC, John Keay House, St Austell, Cornwall PL25 4DJ; tel: 01726 74482; fax: 01726 623 019.

For further guidance and details of some of the other less usual searches, see the Law Society's Conveyancing Handbook 2002 pages 182-213.

This column is compiled by the Law Society's Practice Advice Service, tel: 0870 606 2522.

Send comments to Nasrin Master, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL.

The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission.

This publication is intended for information purposes only and solicitors should not act on the basis of the information provided alone, without verifying it first