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"Unhappily, claims about the level of negligence from conveyancing are exaggerated. Between 1987 and 1994 the profession conducted over 23 million conveyancing transactions, yet the Solicitors Indemnity Fund (SIF) had only 17,125 claims. In other words, seven claims for every 10,000 transactions. Despite extensive research no conclusive connection has been found between low cost conveyancing and negligence. There is no evidence available at the present time to begin to suggest that scale fees are necessary to protect the public from negligence."
The cure for English problems?
The English Law Society is anxious to overcome the problems that have arisen in respect of conveyancing, but is not proposing to reintroduce mandatory scale fees. This is understandable, given that its special working party on conveyancing stated
that -
"We have been advised that any scale of fees (whether compulsory or recommended) would be impossible to justify in the public interest in any [Monopolies and Mergers Commission] investigation."
One of the main proposals (see note below) is that there should be guideline minimum fees, and that any solicitor charging lower fees should not be covered by the collective indemnity fund. However, any such change would need to be approved by the Master of the Rolls, Sir Thomas Bingham, who has already warned that the proposals may be unlawful or contrary to public policy.
In addition to the proposals in the Council's resolution, other proposals have made for improving the quality of conveyancing services in England. The special working party on conveyancing recommended the adoption of quality assurance standards and a Conveyancing Quality Mark. Its former chairman has recently proposed a Conveyancing Charter. These proposals recognise that quality cannot be assured merely by increasing fees.