frequently asked questions

The requirement for Independent Legal Advice stems from a House of Lords decision in the 2001 case of Royal Bank of Scotland v. Etridge. This case involved a wife who claimed that she should not be bound by the terms of a legal mortgage over her Property on the basis that she only entered into it because of the pressure exerted on her by her husband. In his judgement, Lord Nicholls set out certain specific issues on which an individual must receive Independent Legal Advice to ensure that such agreements are enforceable.

Following the decision in Royal Bank of Scotland v. Etridge (see "Why is Independent Legal Advice required") there are many circumstances in which independent legal advice may be deemed necessary; firstly to ensure that the person entering the agreement understands what they are signing and the risks of doing so and secondly to ensure that they are entering into the agreement freely and that they are not being pressured by any other party to do so. Advice may be required in any circumstance where there is a risk that a person may be subjected to pressure or undue influence which may cause them to enter into agreements against their will or without fully understanding the agreement they are entering into. See the "Services" section of our website for examples of specific circumstances when advice may be required. This case involved a wife who claimed that she should not be bound by the terms of a legal mortgage over her Property on the basis that she only entered into it because of the pressure exerted on her by her husband. In his judgement, Lord Nicholls set out certain specific issues on which an individual must receive Independent Legal Advice to ensure that such agreements are enforceable.

In the vast majority of cases, due to the requirements of the lender, advice must be provided face to face. This is so that we can be certain that no other party is present whilst the advice is being provided so that you feel safe asking any questions you may have and discussing in complete confidence any aspects you are not entirely comfortable with. There may be exceptions (for example due to COVID19) where a lender is willing to authorise us to provide the advice remotely (via video call) but it is essential that you are alone at the time of that call.

We charge an all inclusive fixed fee for providing Independent Legal Advice on a transaction. For details of our charges please refer to the "Services" section of our website. This fee includes: - Time spent taking instructions and opening a file. - Reviewing all transactional document in advance of our meeting. - Time and costs incurred traveling to and from our meeting with you at a place of your choosing. - Meeting with you in order to provide the face to face advice required and to answer any questions or concerns you may have. - Creating a record of the circumstances of your matter and the advice provided. - Witnessing your signatures on any deeds and providing any certificates required by banks or solicitors and promptly returning those documents to the bank or solicitor requesting them either by hand or by recorded delivery. - Answering any subsequent questions you may have in relation to the advice given Providing a written summary of the advice provided for your records. If more than one person requires advice on the same set of documents, we charge an additional fee of £195 + VAT for each additional person. This is because we must meet each person separately. This is so that we can be certain that no other party is present whilst the advice is being provided so that you feel safe asking any questions you may have and discussing in complete confidence any aspects you are not entirely comfortable with. There may be exceptions (for example due to COVID19) where a lender is willing to authorise us to provide the advice remotely (via video call) but it is essential that you are alone at the time of that call.

Payment can be made by direct bank transfer. Alternatively you can call us to pay by card over the phone. Full details of how to pay will be contained on the invoice which will be sent to you confirm your instructions to us.

It is generally a requirement of banks that Independent Legal Advice be provided face-to-face. This enables us to verify your identity and witness your signature on any documents required. It also enables us to ensure that no other party is present during the meeting and that you are not under any pressure to sign documents against your will. However, due to the COVID restrictions currently in place, in some circumstances we may be able to facilitate video conferencing. Please note that if you would prefer to meet by video conference instead of in person, it will be your responsibility to ensure that the lender (or other party requiring the advice) will accept the meeting being conducted in this way. Full details of how to pay will be contained on the invoice which will be sent to you confirm your instructions to us.