28th February 2025
Dear Mr Whyte
Consumer Scotland is the statutory body for consumers in Scotland. Established by the Consumer Scotland Act 2020, we are accountable to the Scottish Parliament.
Consumer Scotland has been approached by a number of consumers affected by the cessation of the firm of WW & J McClure. While it is not our role to provide advice or redress to individual consumers, we do have a role in advocating for the needs of consumers more broadly.
Following discussions with consumers, other regulatory bodies and the Scottish Government, we have continuing concerns about the experiences of consumers affected by the failure of WW & J McClure. These concerns include issues around the timeliness of notifications, the costs of instructing additional work and the extent to which consumers in vulnerable circumstances are able to navigate a complex landscape. Our views are more fully set out in published correspondence with the Law Society of Scotland, the Lord President and the Minister for Victims and Community Safety, which is available on our website.
We are aware that Jones Whyte LLP (now Jones Whyte Limited) took over the goodwill, work in progress and certain assets of WW & J McClure Limited when it ceased practice in 2021. We further note that the firm has entered into a compliance plan with the Solicitors Regulation Authority which sets out certain timetables for contact, and subsequent actions, in relation to those consumers who are resident in England and Wales. We are also aware that the Law Society of Scotland, the relevant regulator in Scotland, does not consider that it has equivalent powers to impose such agreements in relation to consumers in Scotland under current legislation.
In these circumstances, we would be grateful if you could confirm Jones Whyte’s approach to such matters, and specifically whether consumers in Scotland will be advised of events, and have relevant monies returned to them, in the same timeframe as those resident in England and Wales?
We are grateful for your attention to this matter.
Yours sincerely,
Sam Ghibaldan