Patrick Barnett

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.

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 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.

“We are asking all individuals who obtained a family protection trust involving McClure, and relatives dealing with their affairs, to check their circumstances and come forward. The proceedings are open to anyone who obtained a trust involving McClure whether they live in Scotland or not. Registering an interest will enable us to assess their position and provide clear information about the proposed action and the next steps.”

Annette Riding, of Victims of McClure Solicitors, said: “I welcome the opportunity for individuals affected by the Family Protection Trusts sold by W W & J McClure to join this Group action, with the aim of recovering some of their losses. For many clients, the impact has been devastating and will remain with them long after their situation is resolved.

“Emotional distress, financial hardship, family fallouts and significant personal consequences, including illness, loss of employment, and bereavement are just some examples. There are thousands of McClure clients who took out Family Protection Trusts who remain uninformed and unaware of their potential eligibility to participate.

“It is my sincere hope that every single affected client, or their representatives, are given the opportunity to join the action group and pursue justice.”

Interested parties can register their interest even if they have submitted a complaint to the Scottish Legal Complaints Commission (SLCC) in Scotland or The Legal Ombudsman in England and Wales.

Those who believe they may be affected can find further information and register their interest at www.mccluregroupaction.com. Submitting information through the portal does not guarantee acceptance into the proposed group or the success of any claim.