Tradecraft tips: April 2023

Saying no

My late father once said to me that there are a dozen different ways of saying no. 

Clients had bought a house which needed substantial refurbishment before they took up occupation and it would be lying empty for a considerable time. They thought we would be able to arrange insurance, but my boss simply wanted the clients to be told that this was not part of the service we offered. My own inclination however is that you should never cut your clients dead. I looked through my notes for the name of a specialist insurer prepared to provide cover for empty houses and then checked on the internet to make sure they were still in business. This information was then passed on to the clients with advice that when making their application they should stress to the insurers that the house was wind and water tight, fully lockable, and located in a residential area, just in case the insurers thought they were being asked to provide cover for a semi-derelict and insecure house out in the middle of nowhere which would be a target for vandals and arsonists. 

All of this took time, but it avoided the clients simply being rebuffed. 

Doorstepping

Clients had concluded missives to buy a farmhouse with a right of pre-emption on it in favour of neighbouring farmers who had bought the rest of the farm at an earlier date. The selling solicitor bungled the necessary procedures, with the result that the transaction could not settle on the due date. Our clients had to give entry to the purchasers of the house they were selling, thereby becoming homeless. The next day, which was a Saturday, I made a special trip to see the neighbouring farmers with no prior appointment and I was lucky enough to have a meeting with them at which valuable information about the overall situation was obtained. 

I returned to Aberdeen and telephoned the clients to bring them up to date. They were impressed that I had put in this extra effort to help them in their predicament. The neighbouring farmers went ahead and took up their pre-emption right, which is the only time in 46 years that I have ever seen this done. The clients had to arrange short term accommodation and eventually purchased another house. I could have telephoned the farmers, but I just felt that in all the circumstances a visit, albeit unannounced, would give me the best chance of a positive result. 

Help required

One of the important things in life is recognising when you are up against something which is completely beyond you, and either disengaging from it or getting someone else’s help to deal with it. In a farming executry HMRC were trying to deny agricultural relief on a farmhouse which was worth £350,000. An all-out effort was required, so after obtaining copies of all the relevant taxation cases, some sourced from the Signet Library, and studying these, I identified the expert we needed to consult and contacted him. To find someone who had already been round the very specialised learning curve in question I had to go south of the border. 

The result at the end of the day was that HMRC conceded the relief, saving the executry £140,000 in inheritance tax. The expertise is out there to help you with just about any problem you encounter. Don’t be hesitant about engaging with it, but just be sure that whoever you approach has the ability and experience required.  

Running out the wicket 

Some cricketers, the great Denis Compton in particular, had a style of playing when facing spin bowlers. Rather than waiting for the ball to come within reach of their bat they would leave the crease and run out the wicket towards it. This gave them a tactical advantage and made the bowler’s job more difficult. 

Clients were facing possible court action on an access issue. Normally I would have waited to see the terms of the initial writ before stating my defence, but I took the view that it was better to try to stop the action before it was raised, therefore I set out my entire defence in advance so that the other solicitor could take it into account when contemplating whether or not to go to court. As events turned out no action was raised. 

There are occasions when being proactive can give you an edge over the other solicitor, and the skill lies in knowing when best to put certain things into play. Sometimes playing your cards right can bring success even when you have not been dealt the best hand.