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Pretence by House Society
Gut-price conveyancing carried out by the National
House Owners' Society for its members was conducted
under a cloak of pretence to avoid its officers being
prosecuted, Sir Joseph Molony, Q.C., told magistrates
at Harrow yesterday.
He was appearing for the Law Society in private
prosecutions the solicitors' organisation is bringing
against three officers of the House Owners' Society
for alleged offences under the Solicitors Act.
Mr. Basil Lambert Blower, of Watford Road, Harrow,
described as chairman and honorary conveyancer of
the society, Mr. Michael Hickmott, 36, of Frankford
Farm, Tedburn St. Mary, near Exeter, and Mr. Antony
Duke, 58, of Corporation Street, Middlesborough, have
pleaded not guilty to 22 summonses under the Act.
These alleged that as unqualified persons they drafted
or prepared conveyancing documents when acting for
buyers of unregistered land for fee, gain or reward.
Guitly Plea
Mr. Duke, a struck-off solicitor, pleaded guilty to
one charge—that as an unqualified person he prepared
the assignment of a lease for fee, gain or reward, con-
trary to the Solicitors Act.
The maximum penalty for conviction under the Act
is a £50 fine for each offence, and the case is expected
to last for four or five days.
Sir Joseph alleged that the House Owners' Society
put forward the pretence that draft conveyances were
prepared in Harrow by Mr. Blower, the honorary con-
veyancer, who, it was claimed, did the work for nothing.
Examination of typescripts by experts had shown that
in fact the drafts were prepared by Mr. Hickmott,
the House Owners' Society's agent at Exeter, and by
Mr. Duke, its agent at Middlesbrough, who had some
conveyancing expertise.
Richly rewarded
They did the work for "a great deal of money" and
"were richly rewarded" said Sir Joseph. Three-fifths of
the fee charged was paid to the agent from whose
office the transaction was conducted, he claimed.
Draft conveyances were then forwarded to Harrow,
from where they were sent out with a letter from
Blower under the pretence that they had been pre-
pared by him. In some cases a copy of the draft was
retyped in Harrow. In others, what was sent out was
merely a copy typed in Middlesbrough or Exeter.
"The idea was to create the pretence that the con-
veyance was solely the concern of the honorary con-
veyancer and, that by saying he was doing it for nothing,
throwing the cloak of protection round agents who were
doing it for a great deal," said Sir Joseph.
Blower was no conveyancer and the arrangement
was "just a sham" he added. Blower held himself out
as responsible for the conveyancing document and if
the competence of the conveyance was called in question
he would have "a great deal to answer for."
Sir Joseph said the three defendants took part in
preparing conveyancing documents. Under the Act it
was for the defence to show that there was no expecta-
tion of fee, gain or reward.
The magistrates found the cases proved, and awarded
costs of £450 to the prosecution, payable in equal
amounts of £150 each by the three defendants.
Convictions were recorded as follows : Mr. Hickman
—four charges—total fines of £200; Mr. Blower—seven
charges—total fines of £350; Mr. Duke—four charges—
total fines of £200.
SOLICITORS DECLARE WAR ON
CUT-PRICE CONVEYANCING
The Law Society is waging a major new campaign in
its battle to stamp out house conveyancing by two cut-
price competitors who are trying to break the solicitors'
monopoly. It has already secured convictions against
three officials of the National House Owners Society
one of whom is appealing on a point of law. And last
week solicitors were officially advised "not to deal with
the NHOS as it is not in the public interest that they
should dos o."
The NHOS is criticised for employing struck-off
solicitors, failing to publish accounts and advertising
invalid insurance cover. But the Law Society's case was
based on the solicitors technical monopoly, as embodied
in the Solicitors Act 1957 which prohibits preparation
of the conveyancing document by anyone except a
solicitor if it is prepared for "fee, gain or reward".
The Law Society bolstered its case with crucial evid-
ence from former NHOS employees, some of whom,
uhappy with NHOS's administration, formed the
breakaway Property Transfer Association last year. Now
the Law Society has turned even on their loyal allies.
Solicitors are advised at present to ignore the existence
of the PT/\ when it is involved in a house conveyance
and to deal directly with the customer.
The PTA is headed by Mrs. Doris Green who gave
evidence for the Law Society. It operates from four
offices in the South-East and claims 500 satisfied custo-
mers. Prices are less than half those of solicitors. For
instance, the PTA charges £35 for conveying a £15,000
house on registered land compared with solicitors' recent
average fees of £78.75 plus extras.
The future of cut-price conveyances may depend on
the judgment in the appeal by the NHOS official. An
organisation probably breaks the law if an honorary
conveyancer acts free of charge but without exercising
any skill, for instance, by merely signing or copying the
conveyance document. For in these circumstances the
paid employee who drafts the conveyance is acting for
"fee, gain or reward", and the honorary conveyancer is
just a rubber-stamp.
The unpaid honorary conveyancer for the PTA is
Councillor Frank Reynolds, a lecturer at Birmingham
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