In a continuing series, the Law Society's practice advice service offers guidance on a range of issues


Q. I need to carry out a coal- mining search. Which is the most recent edition of the Coal Mining Directory, and what sort of service does the Coal Authority provide? How can I obtain a copy of the directory?



A. The service provided by the Coal Authority includes insurance cover within all residential property reports, an interpretive service providing more detailed analysis, and advice about mine entries and a revised fee structure that provides cost savings for on-line service users. It is also possible to check on-line whether a coal-mining search is necessary by simply entering the post code of the property in question (see www.coalminingreports.co.uk). For further details, contact the Coal Authority, tel: 0845 762 6848; e-mail: miningreports@coal.gov.uk. Copies of the Coal Mining Directory, fifth edition, are available from the Law Society bookshop, tel: 020 7320 5640.







Q. I am acting for the buyer in a residential conveyancing matter. Contracts have not yet been exchanged. The seller's solicitor is not located in the same locality as my firm, and I am hoping that he will agree to complete by post and adopt the Law Society's code for completion by post. Can I insist that he do so and at what stage should I make the proposal?



A. Arrangements for completion may be set out in the draft contract. In the absence of any specific contractual provision, the seller's solicitor is not obliged to adopt the Law Society's code for completion by post, although its use would be recommended in these circumstances. Therefore, it is advisable to approach the seller's solicitor on this matter as early as possible in the transaction, perhaps raising this as a preliminary enquiry, but at the latest at requisitions on title stage. Furthermore, it is courteous to do so because the seller's solicitor may need to obtain the consent of his client's lender's solicitors to this arrangement. Variations of the code should be agreed in writing between the solicitors well in advance of completion. For further guidance, see The Law Society's Conveyancing Handbook, 12th edition, which is available from the Law Society's bookshop.







Q. One of my clients wants some advice about a potential claim involving a defective drug. We do not specialise in litigation and are unable to assist him but would like to help him find a solicitor. Any ideas?



A. It is likely that a claim of this nature will fall within the category of a multi-party action. Contact the Law Society's multi-party action information service, which is maintained by the practice advice service (see contact details below). The service holds a database of multi-party actions and information about contemplated actions and participating firms.



Firms are invited to contact the information service with details about current or contemplated actions. Once a group litigation order has been made, the service is reliant on firms supplying a copy of the order to the Law Society as stated in practice direction 19B, paragraph 11 of the Civil Procedure Rules.







Q. What are the formalities involved in certifying an enduring power of attorney?



A. The contents of an enduring power of attorney can be proved by means of a certified copy. To comply with the provisions of section 3 of the Powers of Attorney Act 1971, a certificate should appear at the end of each page of the copy, stating that it is a true and complete copy of the corresponding page of the original. The certificate must be signed by the donor, or a solicitor or a notary public or a stockbroker. See the Law Society's Elderly Client Handbook, 3rd edition, which is available from the Law Society bookshop.







Q. I need to prepare an affidavit that includes a number of attachments. How should these be dealt with?



A. Documents or things such as physical objects that are referred to in the affidavit are described to as 'exhibits'. These are to be kept separate from the affidavit, but must be produced at the same time as the affidavit before the commissioner. Such exhibits need to be marked with an identifying initial and number matching that found in the relevant place in the affidavit.



Each of the exhibits can be marked as follows: 'This is the [specify attachment/exhibit] marked [initials/number referred to in affidavit] referred to in the annexed affidavit of [name of deponent] sworn/affirmed before me this [day] day of [month] [year] (signature of commissioner), a [commissioner for oaths] [solicitor empowered to administer oaths]'.



In practice, this form of words might be written by hand on the attachment/ exhibit. See the Law Society publication Execution of Documents, which is available from the Law Society bookshop.







Q. I have drafted a will for my client, who is illiterate and therefore incapable of signing it. How do I deal with this?



A. Although section 9 of the Wills Act 1837 requires that the will be 'signed by the testator or by some other person in his presence and by his direction', signature is given a wide meaning - a mark, an initial, and even a thumbprint have all been held to suffice. Although an attestation clause, confirming that the will was read over to the testator who understood and approved it, is not required by section 9, the inclusion of such a clause will normally avoid the necessity of providing the registrar with an affidavit of due execution.



See the Law Society's Probate Practitioner's Handbook, 4th edition, available from the Law Society's bookshop.







Q. I act for the directors of a company in the purchase of a property, and we are scheduled to exchange contracts soon. Do all the directors have to sign the contract?



A. No. Provided that the transaction has been authorised by the company, an officer of the company (usually a director or the secretary) may be authorised to sign the contract on behalf of the company. See the Law Society's Conveyancing Handbook, 12th edition, which is available from the Law Society's bookshop.





This column is compiled by the Law Society's practice advice service, tel: 0870 606 2522. Send comments to the service at the Law Society, 113 Chancery Lane, London WC2A 1PL. The service endeavours to ensure that the information provided is correct, but does not accept liability for error or omission. This publication is intended for information purposes only and solicitors should not act on the basis of the information provided alone, without verifying it first