BILETA: The British and Irish Law, Education and Technology Association does like to promote a more global conference than just British and Irish issues, delegates and indeed venues - so BILETA 2010 comes to Vienna and the remarkable central buildings of the Universität Wien.
Starting with parallel sessions, Moira MacMillan presented a paper co-authored with Martin Jones, both from Glasgow Caledonian University. Following a historical overview of land registration in Scotland, Moira illustrated how an enabling Electronic Communications Order has allowed certain documents to be registered online.
There has been a low take up of ARTL online transactions amongst Scottish solicitors - in part driven by the need for both parties to be using the same system. The Law Society of Scotland has set up a mandate system to allow solicitors to use an e-signature on behalf of clients for the ARTL system. The e-signatures are provided to solicitors by Registers of Scotland as the sole certification service provider. 95% of deeds that could be registered with ARTL are still lodged as physical paper writs, illustrating a low take up, but proposals are in place from the Scottish Law Commission to amend the law in this area.
Moira suggested that there was a missed opportunity by not including electronic missives in the original 2006 ARTL Order and encouraging a wider use by reducing time and cost.
Discussion took place with the audience about whether a new driver is required: to educate the new generation and promote future by the lawyers of tomorrow; or whether a stronger drive to move from electronic registration to full electronic conveyancing is needed.
The recent Scottish Law Commission report on Land Registration proposes to amend the law to enable but not compel the use of a more comprehensive model of e-conveyancing. It has been suggesed that compulsion may come from the lenders who could require ARTL use of those who are on their panels of approved solicitors. On another note, it is good to see a comment from Brian who I know is a champion of the use of ARTL - I was planning to contact you anyway to interview you regarding our research project.
Posted by: Moira MacMillan | 30 March 2010 at 13:03
The main reason for the low take up of ARTL is an unwillingness on the part of the profession to embrace the technology involved. At Inksters we did our first ARTL transction last August and that was only the 39th live transfer of title transaction to occur on ARTL: http://www.inksters.com/inksterscompletetheirfirstartltransaction.aspx
We have done several since but could have done many more if the solicitors on the other side of the transaction had been willing to participate. Many are registered for ARTL but are unwilling to actually progress their first transaction using ARTL.
We should not have to wait for the lawyers of tomorrow to use the tools available today. However, the sad fact is that we may in many cases have to do so.
The answer would be to make ARTL compulsory.
For the benefits of ARTL see: http://www.inksters.com/brianinksteronartl.aspx
Posted by: Brian Inkster | 29 March 2010 at 23:55