Example of procedure for a rule 22 application

Important: The guidance below was written and issued before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although it may still be relevant, this guidance has not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. It will be reviewed and updated (or archived) in due course.

Outstanding client balance NB: Probate or Bona Vacantia

Q1. Is the file available? If yes go to line A1; otherwise go to line Q2.

A1. Check files for contact address. Has the contact address been found? If yes go to line A2; otherwise go to line Q2.
A2. Have you sent a trace letter and received a response? If yes, go to line A3; otherwise go to line Q2.
A3. Send a cheque and clear the balance.

Q2. Have you checked directory enquiries, Department for Work and Pensions, and the Electoral Roll and matched a name? If yes go to line B1; otherwise go to line B3.

B1. Have you sent a trace letter and received a response? If yes, go to line B2; otherwise go to line B3.
B2. Send a cheque and clear the balance.
B3. Assess the remaining balances. If the amount is over £200, or can be amalgamated, instruct a tracing agent and/or take out a newspaper advert. If you receive a response then send a cheque and clear the balance, otherwise go to B4.
B4. For any amounts over £50 apply to the SRA for authority, if the authority is granted send the cheque to a charity (who must provide an indemnity) and clear the balance.

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