Law Society notices

Tenders for a contract for the monitoring of solicitor insolvency practitioners

The Law Society is a recognised professional body (RPB) for the authorisation of solicitor insolvency practitioners under the provisions of the Insolvency Act 1986.

As an RPB, the Society is required to ensure that all solicitor insolvency practitioners who act as office holders as defined in the Act are monitored in accordance with principles agreed between the Department of Trade and Industry Insolvency Service and the RPBs.

The monitoring of solicitor insolvency practitioners is contracted out to a suitable agent.

This contract is now scheduled for renewal and the Society invites tenders from a suitable organisation which is - or individuals who are - approved by the Department of Trade and Industry as having an appropriate level of competence in this area.

Organisations or individuals interested in submitting a tender should register with the Society no later than 12pm on 9 September 2002.

The deadline for the receipt of tenders by the Society will be 12pm on 30 September 2002.

For additional details and a copy of the tender documents, contact either Paul Dempsey, tel: 01527 504414 or Michael Barstow, tel: 01527 517141, ext 3215 or e-mail panels@lawsociety.org.uk

Law Society practice rule 6(3) and lenders' certificates of title

It has come to the Law Society's attention that a number of lenders are asking solicitors to sign certificates of title that would put solicitors in breach of practice rule 6(3).

This rule applies both where a solicitor is acting for the lender - whether or not a member of the Council of Mortgage Lenders CML - and borrower, and also where the solicitor is acting solely for the borrower but carries out work (such as providing a certificate of title) for the lender.

The Society is approaching individual lenders directly and will be referring the matter to the CML where appropriate.

Solicitors are reminded that where they are able to act for both the lender and the borrower in a standard mortgage, the lender's instructions must not extend beyond the limitations contained in paragraphs 3(c) and 3(e) of the rules and that these apply to all types of transaction.

In any transactions which are exclusively residential, solicitors must use the approved certificate of title set out in the appendix to rule 6(3).

The solicitor is reminded that the lender should certify that its mortgage instructions comply with the rule (see note (ii) to the rule).

If the lender's mortgage instructions are not certified the solicitor in a residential transaction should notify the lender on receipt of the instructions that the approved certificate of title will be used and that the solicitor's duties to the lender are limited to matters in the certificate.

In other types of transaction the solicitor should notify the lender that the solicitor cannot act on any instructions which extend beyond the limitations contained in the rule.

Solicitors are reminded that a suggested form of letter has been published along with other guidance (see [1999] Gazette, 29 September, 36).

It is preferable that the lender positively confirms that it accepts the position.

Solicitors are also reminded that in circumstances where the lender's mortgage instructions are certified as complying with the rule, but a solicitor maintains that one or more of the instructions extend beyond the limitations of that rule, an offending instruction should never be accepted.

The position should be clarified with the lender.

Again, a suggested form of letter has been published in the Gazette.

The guidance and suggested forms of letters can be found on the Society Web site (www.lawsociety.org.uk) under the conveyancing section.

For additional information about the operation of the rule, contact the Society's professional ethics department on 0870 606 2577.

Those who are aware of lenders that are requesting solicitors to sign certificates that would put them in breach of rule 6(3) should write to: Policy Advisers, Conveyancing & Land Law Committee ,113 Chancery Lane, London WC2A 1PL or DX 56 Lon/Chancery Lane giving details and enclosing copies of the offending title certificate.

Appointment of chief assessor for the personal injury panel

The Law Society has announced that is has appointed Tracy Johnson of Coffin Mew & Clover, Fareham, Hampshire, to the post of chief assessor to the personal injury panel.

Ms Johnson will take a leading role in the selection and training of panel assessors.

The role of the assessors is to mark applications against the Society's standards, and be responsible for ensuring the quality and consistency of the assessment processes for initial accreditation and re-accreditation.

The chief assessor will also assist the Society with a review of the scheme and any additional developments.

Those interested in joining this personal injury panel should contact the information services department at the Society, tel: 01527 504433 for an information pack.

Alternatively, for more information contact the panels by e-mail at: panels@lawsociety.

org.uk or visit the Law Society's Web site at: www.panels.

lawsociety.org.uk

Potters Bar rail crash

Have you been instructed by victims of the Potters Bar rail crash? The Law Society is holding a facilitation meeting for all firms instructed by victims of the crash on 5 September at the Law Society, 113 Chancery Lane, WC2, London.

To register your interest and for further details, contact the practice advice service, tel: 0870 606 2522.