Mr David Gordon
Convener
Regulatory Committee
Law Society of Scotland
Atria One
144 Morrison Street
Edinburgh
EH3 8EX
By email
21 August 2025
Dear Mr Gordon
I am writing to follow up on our previous correspondence in relation to the experiences of those consumers who are former clients of the firm of WW & J McClure. We are aware that the Solicitor’s Regulation Authority (SRA) has recently published updates in relation to the position of former clients of WW & J McClure in England and Wales.
The SRA updates note that Jones Whyte has entered into further compliance plan commitments, including measures to mitigate risks and make sure clients' interests are protected. It also includes requirements to take all reasonable steps to contact other former McClure's clients - specifically testators of wills. We note that there are also obligations on Jones Whyte to report progress on certain tasks in relation to files of clients in England and Wales.
We are keen to seek assurances in relation to the position of consumers who are based in Scotland. Clearly, it would be undesirable for Jones Whyte to be held to a lesser regulatory standard in relation to the position of clients based in Scotland. Given the commitments entered into with the SRA, we are concerned that there is a risk that clients in Scotland could be de-prioritised for contact, if there is no equivalent formal deadline imposed by the regulator in Scotland. We would be grateful for your views on how this risk can be avoided. We are also writing to Jones Whyte directly to seek their assurance on this point.
We remain concerned at the overall length of time that it is taking for clients to be advised that Jones Whyte has taken ownership of the files of the former firm. As you know, we welcomed the decision of the Regulatory Committee to bring in new Practice Rules and additional guidance in relation to the obligations and expectations - including client communications - when a solicitor or practice passes client assets to another. We understand that this guidance was considered at the Law Society of Scotland AGM in June and we would be grateful for an update on the next steps in regard to implementation of this. In this case, WW & J McClure ceased to trade in 2021 and the long stop date for client
communication is likely to be August 2027. From a consumer perspective, such as long delay is clearly undesirable. We would welcome your assurances that this aspect will be closely looked at when developing the new rules. While appreciating the need for due process, we would also welcome your assurances that these improvements will be considered as a matter of priority and brought forward as soon as is practicable.
Transparency continues to be an issue of concern for those former clients of McClure who have contacted us. In our discussions with the SRA, we noted the importance of regulators being able to demonstrate to consumers that the requirements placed on Jones Whyte are being complied with. Following these discussions the SRA has had forensic teams on site, to allow for independent assurance that the information given regarding compliance with requirements in England and Wales is accurate. We would be grateful for your views on how clients in Scotland could be provided with similar assurance. We are also aware of the SRA’s finding of breaches of the compliance rules and subsequent sanctions of Jones Whyte. In a similar vein, we would appreciate your views on how clients in Scotland can be assured that the Law Society of Scotland Rules are being complied with.
Yours sincerely,
Douglas White
Director of Policy and Advocacy