What is Independent Legal Advice (‘ILA’)?

Independent legal advice is impartial advice that each person involved in a legal matter obtains from a Solicitor who is independent of the transaction.

An individual signing a guarantee or providing security should seek to obtain ILA so that they are clearly aware of the transaction in question and the full extent of their liability. A Guarantor should always meet the Lender’s requirements when signing a guarantee to affect the mortgage/loan facility in question.

Why may I need ILA?

Obtaining ILA prior to signing a guarantee document is an essential requirement as it prevents misrepresentation or undue influence.

Following the House of Lords in the case of Royal Bank of Scotland v Etridge (No 2) and other appeals [2001] 3 FCR 481 it was established that there is a need for the guarantor to be advised separately prior to signing the Guarantee document

How Aston Brooke Solicitors can help:

Aston Brooke Solicitors have experienced Solicitors who can assist to provide advice to both private and commercial clients. Our Solicitors are able to help make the process of obtaining ILA less stressful for you and more accommodating to your schedule and needs.

Aston Brooke Solicitor’s main objectives are to ensure that you have fully understood all the documents, the extent of your liability, the risks involved and that is it your sole decision to sign a guarantee.

The advice provided would be during a meeting with you (the guarantor) and would take place with no other party present. Your independent Solicitor will explain the nature of the documents and the risk to you as the Guarantor as well as the loan facility, terms of the facility, and ways in which repayment could be made in the event of a defect by the borrower and the practical consequences.

Our Solicitors will ensure that you are fully aware that it is your choice on whether to sign the guarantee and will only proceed to confirm in writing to the lender that the nature of the documents and associated risks have been explained to you upon your consent. We make sure that all your lender’s requirements are met and offer a seamless process to you.

We understand the difficulties in meeting time restraints and finding the time to attend our office. We, therefore, thrive to extend our services to accommodate your needs beyond you having to attend our office in order to receive your ILA. With just an additional fee we will bring our services to you should you require, depending on distance and availability.

What you need to do to obtain ILA:

  • Contact our office on 0203 475 4321 or email info@astonbrooke.co.uk to book an appointment with us
  • Provide us with all the information and documents you have received
  • We will review all documents and assess the circumstances
  • You will have a meeting with your Solicitor who will provide Independent Legal Advice
  • Your Solicitor will confirm the advice provided to you in writing

For further information or a free consultation, please contact us on 0203 475 4321 or click on the quick contact link above.

Our Directors

Associate-Person

Ray Purewal

Associate-Person

Kashif Majeed

Associate-Person

Mala Balasingam

Associate-Person

Baljinder Kaur

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What our clients say

I recently applied for a spouse visa through Aston Brooke Solicitors which was successful. The firm’s professionalism, guidance, excellent communication skills, and complete understanding of UK immigration law are spot on. I definitely recommend them and would like to thank Sachini, Ray, and Kashif for all their support.

My first experience with this firm was a little lacklustre, I was, however, transferred over to Mala Balasingham of Aston Brooke; she very quickly took charge and set course for completion. Mala is clearly an expert in her field with a lot of experience to back her. She was very thorough in her detailing of all the paperwork and managed to find several clauses which could have been detrimental that another solicitor never picked up on.

Baljinder Kaur is a brilliant conveyancer who is more than happy to work with an estate agent to achieve a result for her client. Quick to respond and very pragmatic!

Excellent service, very reliable, attentive, genuine, kind people, always there to help you out. Big thank you to Mr. Majeed, Erin, and the Immigration team. I had lost halfway to my journey, Mr. Majeed guided me and help to get my indefinite. I am so grateful. Highly recommend it to everyone. Thank you so much

Excellent service. I have no words to describe how Satisfied and confident I was from day 1 and throughout the case. I was really pleased with their expertise and professionalism. I managed to resolve things at mediation with their help and guidance.