• Help Support The Rugby Forum :

A Political Thread pt. 2

Innocent mistake and incompetent solicitor or deliberate tax avoidance. Really depends on what side of the fence you sit.

Would the mistake have been corrected without it becoming public knowledge is a different question.
Would the mistake have even been spotted by Rayner?

Honestly reads like a complicated tax situation where the lawyer had tried to squeeze out every penny for Rayner as per thier job. Now whether they actually advised Rayner it was legally grey or not is another matter entirely.
 
Would the mistake have even been spotted by Rayner?

Honestly reads like a complicated tax situation where the lawyer had tried to squeeze out every penny for Rayner as per thier job. Now whether they actually advised Rayner it was legally grey or not is another matter entirely.

I don't think it's that complicated tbh.

When I bought a place in London a few years ago I was given a short questionnaire by my solicitor who was doing the conveyancing work and I had to declare if it would be my main residence that I intended to live in, was it my only property etc. They didn't offer my advice on how to minimise stamp duty. I had to answer questions and they calculated the stamp duty payable based on my responses.
 
Last edited:
Innocent mistake and incompetent solicitor or deliberate tax avoidance. Really depends on what side of the fence you sit.

Would the mistake have been corrected without it becoming public knowledge is a different question.

I dont really know enough of the story tbh, id give her some leeway, when advised by accountants or solicitors they usually present an option, and you ask if its legal, if they say anything other than no, then people are inclined to let them go for it.

But who knows really?
 
I don't think it's that complicated tbh.

When I bought a place in London a few years ago I was given a questionnaire by my solicitor who was doing the conveyancing work and I had to declare if it would be my main residence that I planned to live in, was it my only property etc. They didn't offer my advice on how to minimise stamp duty. I had to answer questions and they calculated the stamp duty payable based on my responses.
If your seeking legal advice its the job of whoever your paying to give you sound legal advice. If you fill out a questionnaire wrong they should still be going over that with you to make sure its filled out correctly.

Anyway the complications im reffering to
The case was untypical because it involved her divorce, and a trust Rayner and her ex-husband had set up to provide for her son, who has lifelong disabilities.

Crucially, Rayner is adamant that she sought advice from a lawyer about the stamp duty liable, and has only now learnt from a different lawyer that that advice was wrong. It is on that basis that she is not resigning.


Now the real question is in the first lawyer and if they were advised Rayner wrong or if she provided that lawyer with knowingly false information.
 
If your seeking legal advice its the job of whoever your paying to give you sound legal advice. If you fill out a questionnaire wrong they should still be going over that with you to make sure its filled out correctly.

Anyway the complications im reffering to





Now the real question is in the first lawyer and if they were advised Rayner wrong or if she provided that lawyer with knowingly false information.
According to Robert Peston it's pretty bog standard stuff for a property solicitor.

So I'm not sure even in this case or any case ignorance is a defence.

Solicitors jobs are to give advice and it's always the clients choice whether to accept it or not.

I would hope she'd take the moral and correct choice. Rather than the everyone else would do it choice.

 
If your seeking legal advice its the job of whoever your paying to give you sound legal advice. If you fill out a questionnaire wrong they should still be going over that with you to make sure its filled out correctly.

Anyway the complications im reffering to





Now the real question is in the first lawyer and if they were advised Rayner wrong or if she provided that lawyer with knowingly false information.

Re. the questionnaire, my solicitor was only able to do a completeness check i.e. had I answered all the questions (which IIRC were a few straight forward yes/no questions). She could not know whether I had answered accurately because it was a self declaration. I was responsible for the accuracy of the responses. She was responsible for ensuring that I answered all the questions.

I don't know the intricacies of Rayner's case and she may well have sought advice on other specific matters. I'm sure we will find out as more info comes to light.
 
Last edited:
A lawyer friend of mine basically said property solicitors are usually where the worst (academically) lawyers are. Which is why they regularly bungle house property sales and thing exchange days etc. get pushed out.
It’s also because our property laws/processes are fiendishly complex to register. Lawyers or down the lower level conveyancers who handle residential are juggling multiple sales/purchases and then waiting on the other side.

I hated property law when I did it at degree level it was easily more worst subject and barely passed it.

Even now in tax, getting my head around leases and the tax consequences does my head in. CGT and SDLT.
 

Latest posts

Sponsored
UnlistMe
Back
Top