Smith & Grant FAQs
Leven law firm, Smith & Grant Solicitors, has ceased to practise.
A Judicial Factor has been appointed and is working to ensure secure transition of all files, documentation and the client account of Smith & Grant Solicitors.
McKenzies Solicitors, Kirkcaldy have been appointed by the Judicial Factor to take on all of the ongoing work, together with taking possession of all Wills, Powers of Attorney and Title Deeds and stored files. The Judicial Factor’s team are working to ensure the secure transition of all files and deeds held by Smith & Grant to McKenzies.
We understand that this may be a worrying time for clients of the firm and the Judicial Factor’s team are working to assess and address the situation as quickly as possible.
If you are a solicitor or a client affected by the closure of Smith & Grant Solicitors, please see our answers to the most frequently asked questions below.
For clients of Smith & Grant Solicitors
I need my file/information from my file
All files and deeds which were held in the Smith & Grant office, are now being held by McKenzies. If you need to recover a file or a deed such as a will, title deeds or power of attorney you should contact McKenzies at 26 East Fergus Place, Kirkcaldy, KY1 1XT; via phone on 01592 206605 or by email to [email protected].
Files cannot be released without written authority.
Please be aware that there may be a delay in getting back to you as the team works through the transition, but please be assured that they will respond as quickly as possible.
I need to recover money I paid to the firm
The money which was held by Smith & Grant Solicitors on behalf of clients, is now under the control of the Judicial Factor appointed to Smith & Grant solicitors. The Judicial Factor’s team is working to agree the balances held for each client and arrange for the money to be paid to the correct parties.
If you have instructed McKenzies to act on your behalf, they will advise you on the process to recover any money due.
If you have not instructed McKenzies to act on your behalf, you should contact the Judicial Factor’s team at [email protected] and request a claim form. The team will be unable to release funds without a formal written request, so on receipt, you should complete and sign the Judicial Factor’s claim form and post, along with client ID or certified copy ID to the address provided on the form.
It may help to speed up the process, if you are able to scan copies of the signed form and ID documents and email to [email protected] as it may enable them to source the relevant transaction ahead of their receiving the original documents.
If there is difficulty in matching the claim to payments received by Smith & Grant Solicitors, they may request evidence of payments, such as a bank statement for example.
I have incurred costs as a result of the closure of the firm
The Law Society of Scotland is not in position to meet any costs incurred. However, the former firm has professional indemnity cover. You should contact the Judicial Factor’s team on [email protected] to explain what costs have been incurred. The team will then refer the claim to the insurers.
I have an outstanding invoice due for payment by the firm
All debts due by the former firm of Smith & Grant Solicitors should be intimated to the Judicial Factor at [email protected]. The Factor will advise on the prospect of payment in due course.
For members of the legal profession
I need to recover my client's file, will or deed.
All files and deeds which were held in the Smith & Grant office, are now being held by McKenzies. If you need to recover a file or a deed such as a will, title deeds or power of attorney you should contact McKenzies by phone on 01592 206605 or by email to [email protected].
Files cannot be released without written authority.
I need a discharge under a letter of undertaking/obligation
Smith & Grant Solicitors has ceased practice. There is no-one in a position to implement a letter of obligation or undertaking.
If the issue relates to a discharge the seller has, through their solicitor, agreed to have the security discharged. However, where a transaction has already settled, in these circumstances, it is rare for a seller to instruct new agents to discharge the security. Generally, the quickest way to resolve the issue is for the purchaser’s agents to ask the lender if they will provide an executed discharge which the purchaser’s agents will then register.
Lenders will often request a mortgage account number to deal with these enquiries and unfortunately, we have no quick way to access this information. Some lenders have instructed legal agents. If the lender will not deal with the discharge request without the mortgage account number, it may prove helpful to explain the issue to the lender’s legal department or panel solicitors.
If you wish to claim the cost of this remedial work against the firm’s professional indemnity cover, this should be referred to the Judicial Factor’s team on [email protected]
I have incurred costs as a result of the closure of the firm
The Law Society of Scotland is not in a position to meet any costs incurred. However, the former firm has professional indemnity cover. You should contact the Judicial Factor’s team at [email protected]
I have an outstanding invoice due for payment by the firm
All debts due by the former firm of Smith & Grant Solicitors should be intimated to the Judicial Factor at [email protected]. The Factor will advise on the prospect of payment in due course.
Contacting the judicial factor
Contact details
Judicial Factor’s team
Email: [email protected]
Postal address
FAO Judicial Factor
Atria One,
Level 2,
144 Morrison Street,
Edinburgh,
EH3 8EXTelephone: 0131 226 7411
Textphone: 0131 476 8359
Fax: 0131 225 2934
DX address: DX ED 1, EDINBURGH
McKenzies Solicitors
Email: [email protected]
Postal address: 26 East Fergus Place, Kirkcaldy, KY1 1XT
· Telephone: 01592 206605
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