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27 May 2016 / Beth Holden
Issue: 7700 / Categories: Features , Property
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A new dawn or a false alarm?

Beth Holden reports on Purrunsing & the extent of a seller’s solicitor’s duty to the buyer in a property transaction

The recent decision of Mr Justice Pelling in Purrunsing v A’Court & Co and House Owners Conveyancers Limited [2016] EWHC 789 (Ch), has generated much interest, and alarm, about the extent of a solicitor’s duty to the purchaser of property. Purrunsing is the first authority to address the vendor’s conveyancers’ liability, and to examine the court’s power to grant relief under s 61 of the Trustee Act 1925 (TA 1925) when the purchaser’s money is away in breach of trust (Steven O’Sullivan considers some of the more controversial aspects of the judgment here).

Anthony Gold recovered the entire trust fund for the successful claimant from both the fraudster’s solicitors, A’Court, and the claimant’s own licensed conveyancers, House Owners Conveyancers Ltd (HOC). The court refused to relieve either of their strict obligation to reconstitute the trust of the claimant’s money, and found HOC negligent.

In October 2012 Mr Purrunsing paid over £470,000 to HOC to purchase a property at 35 Merton Hall Gardens. The

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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