News In Focus
Combined Standard Clauses 2013 version launched
A new version of the Combined Standard Clauses, the conditions applying to house sale and purchase contracts agreed by conveyancing solicitors in Glasgow and Edinburgh, takes effect from today.
Replacing the 2011 standard conditions, the new (third) edition is not significantly different from its predecessor, but the client guide has an added new section about Scottish property chains to explain the reasons for delays in conclusion of missives, and the practitioner’s guide has been revamped to include guidance to practitioners in notes or articles. This includes notes on the Green Deal and what to do about it, and notes summarising an opinion from Professor Robert Rennie on notices of potential liability for costs.
Ian Ferguson of Glasgow firm Mitchells Roberton, a member of the joint working party of the Glasgow Conveyancers Forum and Edinburgh Conveyancers Forum, said: "There are relatively few changes from the 2011 version, which is probably because the clauses have been reviewed before and so has already bedded down with corrections of typos and refinements.
"We have generally tried not to change numbering for ease of reference, but a new clause altogether requires a change. There is a new clause re the Green Deal, dealt with in a new clause 27, which changes the numbering as the interpretation clause is bumped to clause 28.”
Mr Ferguson added: “There are signs that the Combined Standard Clauses may be adopted by other areas of the country. I have been approached by a solicitor from another area who attended the most recent GCF meeting, suggesting that it would make sense to cut the number of regional styles, and this is something which the joint working party are very interested in pursuing. Perhaps the time is right to consider a single National Standard Clauses, and views on this would be welcome from members of the profession.”
The styles are available from the websites of the Royal Faculty of Procurators in Glasgow, which has all previous styles affecting Glasgow, the Edinburgh Conveyancers Forum, and the Law Society of Scotland, which hosts styles of all the regional standard clauses.