Q&As

Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file?

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Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Published on: 25 January 2017
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Case study

Two individuals have jointly instructed a solicitor to act in the purchase of a property. The parties are now separately represented and one is bringing a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim against the other. One of the parties wishes to know whether each individual is entitled to require the solicitor to provide a copy of the conveyancing file.

See the case of Hamilton and Dixon Group Sipp v Hastings and Company (Solicitors).

The case considers a party’s entitlement to view documents held by a solicitor where the same was acting under a joint retainer. Deeny J followed the position expressed by The Law Society of England, and held:

'… Each client is entitled to a copy of the relevant documents at their own expense.

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Jurisdiction(s):
United Kingdom
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