Author: Steve Kenneford

What is Chancel Repair Liability?
Chancel Repair Liability is both a confused and confusing area which dates back to medieval times. Many churches in England and Wales, previously ministered by rectors, were acquired by monasteries which then became responsible for the church chancel (the space around the altar at the east end of a traditional church). However when Henry VIII dissolved the monasteries the responsibility passed to new owners and, down the years, successors in title. Hence we arrive at the situation of today where potential liability falls upon present day successors.

Could this affect me?
The potentially dramatic effect of Chancel Repair Liability was highlighted in the case of Aston Cantlow v Wallbanks which was heard in The House of Lords in 2003. Mr & Mrs Wallbanks were asked to pay approximately £10,000 towards the cost of repairs to the local church chancel. They agreed but sought to make their co-operation conditional upon the church waiving any future claims. The church refused and the matter was referred to the Court. Mr & Mrs Wallbanks lost and were ordered to pay a repair bill of approximately £250,000 (by the time the case reached Court significant problems with the foundations had also been identified) and also legal costs of around £200,000…

To read the full article click here.

Author: Steve Kenneford

With The Legal Onbudsman’s latest piece of research stating that “the legal professions confused system of regulation is leaving consumers without protection if things go wrong”. SA Law’s Steve Kenneford turns his attention to how to spot a quality, regulated law firm.

All trades and professions are populated by people who are trained to do the job for which they are  employed. That is a given, and consumers should be entitled to expect a minimum (satisfactory) level of competency and professionalism. However, when the need for a lawyer arises what will set one provider apart from the rest? Who has that ‘added value’?

Commodisised legal services providers are on the increase. With the advent of the changes to law firm management and ownership (Alternative Business Structures) which will be introduced later  this year, this is only set to increase further. So with more choice in the market place it is important that the consumer knows what type of organsiation they are instructing and who they are regulated by. This is where quality standard schemes come into their own.

Examples of quality standards can be found within  trades such as plumbing/gas and electrical installers, the former being covered by CORGI (Council for Recognised Gas Installers) now GasSafe, the latter by NICEIC (National Inspection Council for Electrical Installation Contracting) The NHS even operate NICE (National Institute for Clinical Excellence) so it is about time that the legal industry followed suit.

Law Firms are highly regulated. Their integrity and professional competence is overseen in hawklike fashion by The Law Society, Solicitors Regulation Authority and The Legal Ombudsman. These organisations set the minimum standards to which law firms need to adhere.

Quality schemes within the legal profession address quality of service, governance, planning (business, strategy and operational) performance and management.

So when buying legal services what do you look for to ensure you will instruct a firm that will add value and go that extra mile?

The answer is the Lexcel Accreditation.
Lexcel is The Law Societys’ practice management standard. The scheme certifies that certain standards have been met following independent assessment. The standard is only awarded to law firms who meet the highest management and client care standards. Lexcel Accredited practices undergo rigorous independent assessment every year to ensure that high standards are maintained. The standard is exceedingly difficult to win and equally hard to retain. In the arena of legal services a Lexcel accredited practice is the safest possible pair of hands.

More specifically within the framework of legal quality standards The Law Society has just launched its’ Conveyancing Quality Scheme (CQS). This will provide a recognised quality standard for residential conveyancing services within a law firm. The CQS will establish a level of credibility for member firms based upon integrity, adherance to best practice, and a high level of client focused efficiency.

So “Who Ya Gonna Call?” Well, a shrewd and informed consumer will undoubtedly be inclined towards a law firm who has a recognised quality accreditation – that’s who you should call!

SA Law are a Lexcel Accredited law firm and in the process of being assessed for The Law Society CQS standard.

If you would like more information or advice relating to a specific matter, please do not hesitate to contact Steve Kenneford on 01727 798000 or by email at steve.kenneford@salaw.com or any member of the Commercial Dispute Resolution team.

© SA LAW 2011
Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them. You are recommended to obtain specific advice in respect of individual cases.

Author: Caroline Beale & Steve Kenneford

There still appears to be confusion over the obligation to provide Home Information Packs since the announcement to suspend the same on the 21st May 2010.

The situation is as follows:-

Any/all properties marketed prior to the 21st May 2010 will require a fully compliant HIP.   Any properties marketed after the 21st May 2010 will no longer require a HIP but will require an Energy Performance Certificate to be provided at the cost of the seller.   The cost of the local authority and drainage searches will once again fall upon the Purchaser. 

So, effectively, with the exception of the EPC which is being retained, the last 4 years and probably the 3 before that (whilst we were all preparing ourselves for the new HIPS revolution) were a complete waste of time, effort, money and a further erosion of our already depleted rainforests in terms of the monumental waste of paper involved. Thanks for everything Yvette (Cooper)!

It remains to be seen whether any further changes will be made and we will keep you advised.