Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent discussions her Department has had with third parties who sold trusts that then came under the authority of WW&J McClure solicitors.

The Ministry of Justice does not hold responsibility for informing clients about the status of their legal arrangements with private law firms. The legal profession in England and Wales is regulated independently of government. Responsibility for solicitors’ conduct lies with the Solicitors Regulation Authority (SRA), overseen by the Legal Services Board. The SRA’s role involves protecting clients and the public. The different ways in which they can provide support to consumers of legal services can be found on their website: SRA | What you can expect from us | Solicitors Regulation Authority.

The Government is aware of the issues surrounding WW&J McClures’ collapse, which involve multiple regulators responding to former clients across Scotland, England and Wales. Government officials have been engaging with the SRA, which has confirmed it is continuing to investigate the situation.

With regards to the issue of raising awareness among clients of McClures, there are requirements with respect to the advertising and publication of an insolvency so that creditors and other interested parties are made aware. The administration of McClures was advertised as required in the London Gazette. Information for former clients of McClures in Scotland was also published by Law Society of Scotland. For clients in England and Wales, the SRA also issued a public update, which remains available on their website SRA | WW&J McClure and Jones Whyte | Solicitors Regulation Authority

In addition, for clients of McClures across Great Britain, Jones Whyte published an extensive list of FAQs, covering the number of clients it had taken on, the steps it was taking to contact those clients, and the procedure for clients to transfer to another legal firm if they wished.

The Ministry of Justice has not held discussions with third-party intermediaries who were involved in selling trusts that were subsequently managed by WW&J McClures solicitors. Under the Legal Services Act 2007, the creation of a trust is not a reserved legal activity. This means that such activity may have involved individuals or organisations who were not regulated legal professionals. Where the sale of such trusts involved financial advice or services, this would be covered by the financial regulatory regime overseen by HM Treasury.

Officials from the Ministry of Justice have engaged with the Solicitors Regulation Authority (SRA) regarding the collapse of WW&J McClure solicitors and the regulatory concerns arising from their handling of client trusts.

The SRA has confirmed that it is carrying out an investigation into the former partners of the firm. As those individuals are no longer on the roll of solicitors, the SRA is limited in the enforcement action it can currently take. However, any concerns identified during the course of the investigation would be taken into account if any former partner seeks to return to legal practice.

The Ministry continues to monitor this issue through regular engagement with legal regulators and remains in contact with the SRA as it progresses its investigation. The SRA has published a public update on its website for affected clients and other interested parties: SRA | WW&J McClure and Jones Whyte | Solicitors Regulation Authority