header-logo header-logo

14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
printer mail-detail

Solicitor

P & P Property Ltd v Owen White & Catlin LLP and another [2016] EWHC 2276 (Ch), [2016] All ER (D) 15 (Oct)

The Chancery Division dismissed a claim brought against the first defendant firm of solicitors and the second defendant estate agent, alleging, among other things breach of a warranty of authority, breach of a duty of care and negligence, where the claimant had paid for the purchase of a property, which it later transpired, had been purportedly offered for sale by an imposter pretending to be the true owner. The court held, among other things, that the checks that solicitors were required to undertake were designed to reduce the risk of fraud and could not reasonably be thought to eliminate it, and that the question of title was primarily a matter for the solicitors instructed in relation to the purchase and sale, not an estate agent. In all the circumstances, the defendants were not liable for the claimant’s loss.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll