376. Ownership of documents and confidentiality.

The Law Society has published guidance relating to the position where the same firm of solicitors acted for the buyer and for the lender on a contemporaneous purchase and mortgage and the lender asks to see documents on the 'conveyancing file'1.

The documents which the lender is entitled to see fall into two categories, the first of which is documents prepared or received by the solicitor on behalf of the lender. These are:

  1.  

    (1)     the lender's instructions to the solicitor;

  2.  

    (2)     copy mortgage deed;

  3.  

    (3)     copy report on title;

  4.  

    (4)     correspondence between the solicitor and the lender or between the