This paper was written before the inception of the SFLA 2006 Act. It defines the difficulties of DOS, outdated (socially) statute and the then escalating property values amongst other factors that solicitors had to relay to clients. It makes for interesting reading in that in some Scottish Courts, little has changed. The cases of Mackasill and Mackenzie are noteable in succeeding to bring fairness in these climes, albeit were before the time of the 2006 Act that has yet to prove its worth in this particular arena.