Solicitors' Practice Rules 1990: Practice Rule 6(3) - Solicitor acting for lender and borrower

Resource type: Practice note

Status: Law stated as at 30-Jun-2007

Jurisdictions: England, Wales

This document has been superseded by: Solicitors' Code of Conduct 2007 - Solicitor acting for a lender and a borrower in a conveyancing transaction

Rule 6(3) of the Solicitors' Practice Rules 1990 (SPR) provides that, as a general rule, a solicitor cannot act for both the lender and the borrower on the grant of a mortgage of land.

Where the mortgage is a 'standard' mortgage, however, Rule 6(3) of the SPR allows joint representation, subject to there being no conflict of interest and to certain conditions being complied with.

This practice note explains Rule 6(3) and provides links to the text of the rule and to a flowchart illustrating how the rule operates. The practice note also provides links to the CLLS Certificate of title and short form report on title, approved by the Law Society for the purposes of Rule 6(3) as amended with effect from 27 April, 2001.

NOTE: The Solicitors' Code of Conduct 2007 repealed the SPR with effect from 1 July 2007 (see Practice note, Solicitors' Code of Conduct 2007). The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC Property has published the following Practice notes on the SRA handbook:

PLC Property Law

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  • Resource ID: 8-101-4752
  • Law stated date: 30-Jun-2007
  • Products:  IP&IT, PLC UK Commercial, PLC UK Private Client, PLC UK Property, PLC UK Public Sector, PLC UK Share Schemes & Incentives
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