Clauses become more standard

Standard missives in Scotland have taken another major step forward with the signing of a common version agreed by representatives of Edinburgh and Glasgow conveyancers.

Following discussions by a joint working party which began work in March 2008, members of the Edinburgh Conveyancers Forum (ECF) and the Royal Faculty of Procurators in Glasgow (RFPG) have signed the declaration to which is attached the new standard form, to be known as the Combined Standard Clauses. The working party comprised three office holders of the ECF and two members of RFPG including the recently elected Dean.

The initiative marks the first inter-regional collaboration in Scotland over a form of standard missives.

At the original exploratory meeting, convened by three professors of conveyancing or property law (Professors Brymer, Reid and Rennie) with representatives of the ECF and RFPG, it was common ground that the two cities’ styles were largely similar. The 2005 Glasgow standard missives were deliberately modelled on the basis of the then existing Edinburgh style but with minor changes to take account of different practices in the west and wording with which Glasgow solicitors were more familiar. The ink was not yet dry on the revised 2008 Glasgow version when work began. Edinburgh for its part had adopted some of the wording in the 2005 Glasgow version.

The meeting had no difficulty deciding in principle that a set of combined clauses was a desirable objective, and the working party was tasked with exploring whether it was possible to agree a common wording. The professors (now also including Professor Paisley of Aberdeen) were happy to be involved in the project and suggested that if there were areas of contention as to which style was to be preferred, they could adjudicate on the differences.

Few matters in the event required to be referred to the professors to adjudicate as there was very much a spirit of co-operation and give and take on both sides, according to the working party’s spokesman, Ian Ferguson of the RFPG. “In fact”, he added, “arguably the matter which was most contentious was the choice of name of the combined style. ‘Harthill Missives’ was the working title but there were a large number of possible names. The ‘S’ word, i.e. ‘Scotland’ did not make it, but the eventual choice was unanimous. It is descriptive of a combined regional missive. It is hoped that the word ‘Combined’ may make it easier for other regions to adopt it.”

The signing ceremony took place on 23 June and the Combined Standard Clauses are intended to go live on 1 October this year. Seminars are planned for both cities in advance of the starting date. There will also be a client guide and a practitioners’ guide.

As with the existing standard clauses, adoption is not obligatory – it is understood that while the Edinburgh style is in universal use in the capital, just over half of Glasgow practitioners use their current form – and the clauses can be modified as circumstances require. Work will continue on keeping the clauses up to date. However both sides believe that this is a significant first step towards a style with more general application than the present regional standard missives.