Families affected by collapse of McClure solicitors invited to register interest in proposed legal action
Families who may be impacted by family protection trusts arranged by the failed law firm WW & J McClure Limited throughout the UK are being invited to register their interest in a proposed group legal action.
People who may face or have faced difficulties selling their homes or ending their family protection trusts as a result of the collapse of McClure are being encouraged to come forward.
McClure Solicitors went into administration in 2021 following which the goodwill, work in progress and certain assets of McClure were purchased by Jones Whyte LLP. Since then, there has been extensive uncertainty regarding family protection trusts arranged and sold by McClure. The trusts typically transferred ownership of family homes and other assets. Many individuals have faced significant legal costs to review, amend or bring their arrangements to an end.
For many families, the issue has emerged at an already difficult moment, such as when trying to sell their home, manage the affairs of an elderly relative or administer the estate of someone who has died.
International law firm Addleshaw Goddard is preparing to raise a Group Proceedings in Scotland, also known as a class action, relating to the professional advice provided by McClure when certain family protection trusts were marketed and established. While proceedings will be raised in Scotland, all UK residents will be entitled to apply to join the Group Proceedings.
The case will be pursued through the group proceedings procedure in Scotland in the Scottish civil High Court. Group Proceedings allow people with the same or similar claims to pursue them collectively, subject to the Court granting the necessary permission.
The firm is inviting affected individuals, relatives and representatives of estates who believe they may have been impacted to register through a dedicated online portal. Registration will allow the legal team to assess individual circumstances and determine whether a person may be eligible to participate in the proposed proceedings.
The proposed action would seek compensation for eligible clients who incurred losses arising from the advice they received, including the cost of establishing, administering and resolving relevant trusts. The precise scope of the claims and the eligibility criteria remain subject to legal assessment and the applicable court process.
The proposed action will operate on a no-win, no-fee basis for eligible participants. Every applicant will be provided with full information about the terms before deciding whether to take part.
Patrick Barnett, Counsel at Addleshaw Goddard, said: “Behind every potential claim is a person or family who, as a result of legal advice, believed they were making responsible arrangements for their home and their future. Some have since faced uncertainty, considerable expense and prolonged difficulty in resolving their affairs.
“Bringing an individual claim may not be financially realistic for many of those affected. A group proceeding offers a potential route for people with similar experiences to seek redress collectively.
