Information For Previous Clients Of McClure Solicitors Glasgow

Information for former clients of McClure with Family Protection Trusts

Jones Whyte understands that 18,840 Family Protection Trusts files were in existence at the point of the McClure administration.

To date – through a combination of responding to or proactively reaching out to clients – we have taken some form of action on approximately 10,000 Family Protection Trust files.

Taking action has included (1) identifying that the Trust had previously been administered to completion by McClure, (2) Jones Whyte carrying out any necessary legal work on behalf of former clients of McClure or (3) facilitating the transfer of client deeds and documentation to other solicitors.

Jones Whyte has, and continues to contact former clients of McClure in a measured and sustainable way.

We are also in regular contact with both the Law Society of Scotland, and the Solicitors Regulation Authority for England and Wales, both of which are being kept updated.

We are aware that many former clients of McClure are worried that there are widespread, fundamental issues with all documents produced by McClure solicitors. From our experience of reviewing thousands of files on behalf of former clients of McClure over the last three years, this is simply not true. We estimate that less than 0.5% of the McClure files we have looked at have had fundamental issues that need to be resolved. Of these files, in almost all cases, we have been able to carry out the remedial work required.

We are also aware of some claims on the internet that all work carried out by McClure was somehow wrong or invalid. Again, this is not true.

We hope the information provided has given you some reassurance. If you do have any concerns or questions, please contact us on 0800 292 2000 or complete the form on this page and we will contact you. We have an experienced team on hand to help.

Is my Will or Power of Attorney safe?

As noted above, previous clients of McClure should be reassured that, any Will or Power of Attorney held by McClure at the time of its administration, are safely stored and accessible by Jones Whyte should you require them.

Are the funds in my Family Protection Trust Safe?

Yes, there is no risk to your funds previously held by McClure.

All law firms in the UK are subject to strict safe-guarding regulations to ensure client funds are ’ring fenced’ in a separate ‘Client Bank Account’ completely separate to the firm’s own bank account and funds.

All funds were held in such a separate account, and so were unaffected by the administration of McClure.

Funds that were held by McClure in their ‘Client Bank Account’ were transferred to a separate ‘Holding Client Bank Account’ set up by Jones Whyte, with the consent of both the Solicitors Regulatory Authority and the Law Society of Scotland. Please note this ‘Holding Client Bank Account’ is entirely separate from the main Jones Whyte Client Bank Account, and funds are kept there for safekeeping for the former clients of McClure pending further instruction from them

McClure were a UK national law firm covering England, Wales and Scotland, are Jones Whyte the same?

Yes. Jones Whyte is a national law firm with qualified solicitors based in England and Scotland. We act for clients covering the length and breadth of the UK, from John O’Groats to Land’s End.

Not only do we have qualified solicitors in England and Wales, we have qualified solicitors in Scotland. Uniquely, we also have numerous solicitors who are ‘Dual Qualified’ in both jurisdictions and can advise on complex cross-jurisdictional matters.

Why weren’t all former clients of McClure told about the administration of McClure Solicitors?

At the time of the administration, we estimate there were in excess of 100,000 files created by McClure Solicitors.

Due to (1) this incredibly large volume of files, and (2) the fact we were dealing with so many former clients of McClure who were actively contacting us, it simply was not possible for Jones Whyte, or any law firm, to proactively reach out to all the clients with files at the time of the administration. Some clients had multiple files with McClure.

The approach we have adopted has been measured, and sustainable, and one in which allowed us to continue to prioritise quality legal work to agreed timescales. As noted above, we are continuing to proactively contact former clients of McClure in this way.

I paid a fee to McClure which was to cover the ongoing management of my Trust, will that continue with Jones Whyte?

When you took out a Trust with McClure, you will have entered into a contractual relationship with them, where in return for payment of their fees, they were to provide you with certain legal services. When McClure went into administration, it ceased being able to deliver legal services to its clients and was no longer able to perform its contractual obligations with you.

Whilst we understand how frustrating this will be, it is the unfortunate reality when a company goes out of business.

For absolute clarity, no fees paid to McClure were passed to Jones Whyte. As such, whilst we are happy to assist any former clients of McClure, like any other law firm or business, we do require to charge for the work we do.

Can I transfer my file elsewhere?

Yes. It’s entirely your choice as to whether you transfer your file to another law firm or decide to instruct Jones Whyte.

Whether you instruct Jones Whyte or another firm of solicitors, fees will be payable for any work required. The advantages of instructing Jones Whyte are that (1) we have sole access to the former clients of McClure filing system and can immediately start assisting you with matters, and (2) we have acted for thousands of former clients of McClure and are uniquely placed with the experience to advise you on the work that was carried out with McClure.

It’s also worth noting that in most Trust cases, the Trustees noted on your paperwork need to be removed as they are the former Managing Partners of McClure.  The removal of these Trustees is something that needs to be carried out prior to transferring your file and papers to another law firm. This is something we can assist with.

If I need to spend money on additional legal fees with Jones Whyte, do I have any recourse against McClure?

McClure was insolvent at the time of it’s administration, which in layman’s terms means that they ran out of money.

All law firms however, are required to have Professional Indemnity Insurance, which clients can make a claim on if they feel a law firm did not perform its duty/services to a reasonable level. Claims can be for compensation, and to cover various losses, which would include any fees you had to pay to another law firm to help rectify matters for you.

Whilst we cannot comment on specific cases where McClure acted, or the likelihood of a successful claim, we have intimated claims on behalf of former clients of McClure. We are more than happy to do this for former clients of McClure who instruct us, at no additional cost.

There are individual directors named on my legal title – what do I do? 

If you have transferred your property into Trust with McClure, the title will have been updated to reflect the fact that the property is held in Trust.  Any former director of McClure who is named on the title is holding the title entirely in their capacity as Trustee on behalf of your Trust.  It is not the case that any individual former directors who are named on any property own a property personally.   

Has Jones Whyte taken over as Trustee on my Trust?

Law firms that do Trust work, often have separate legal entities from their firm, that are used to hold office of Trustees of the Trusts they set up for clients. McClure had two of these ‘Trust Companies’, WW & J McClure Trust Corporation Limited (used as Trustee in English and Welsh Trusts) and WW & J McClure Trustees (Scotland) Limited (used as Trustee in Scottish Trusts).

These are entirely separate legal entities from the legal firm of McClure and were not affected by its administration. These two Trust Companies were trustees on a small proportion of trusts set up by McClure.

To prevent issues with being able to manage the large amount of McClure Trusts after the administration, the former Managing Partners of McClure, who were the Directors of these Trust companies, all resigned their directorships on the date of the administration.

The Managing Partners of Jones Whyte were appointed as Directors in their place, for the sole purpose of assisting former clients of McClure who had set up Trusts with the Trust Companies as Trustees.

As Jones Whyte now controls both Trust Companies, it was decided that the names of both be changed to Jones Whyte Trust Corporation Limited and Jones Whyte Trustees (Scotland) Limited.

There are individually named directors from McClure noted on my Trust, what do I do?

Jones Whyte are in regular contact with all former directors of McClure. We can arrange for their removal from your Trust and replace with alternative Trustees of your choosing.

Please note that some former directors of McClure may apply a charge for facilitating their removal. This is something Jones Whyte has no control over and this would apply regardless of which solicitor you choose. We can advise on this following an initial review of your Trust.

Do Jones Whyte employ people who were involved in the original setting up of my Trust at McClure?

We are pleased to have been able to offer alternative employment to a number of specialists after the collapse of McClure in 2021. This allowed their collective technical knowledge to be preserved and make available the much-needed ongoing support that so many previous clients of McClure required.

Those employed by our firm were not responsible for the circumstances which led to the insolvency of McClure. 

I was a McClure client, what are my next steps?

If you wish to make changes to, or enquire about your existing McClure Will, Power of Attorney or Trust, please contact us on 0800 292 2000 or complete the form at the top of this page. Our team will contact you to discuss your legal matters.

You can also download our Next Steps Brochure here.