header-logo header-logo

11 February 2016
Issue: 7686 / Categories: Legal News
printer mail-detail

Solicitors “not dishonest”

A High Court judge was wrong to conclude that two solicitors were guilty of dishonest assistance in a breach of trust, the Court of Appeal has held.

The breach of trust was a mortgage fraud which resulted in the borrower obtaining all the proceeds of sale of large parts of the mortgaged property in fraud of the lender. Judge Pelling QC found the solicitors, Mr Murphy and Mr Denslow, guilty in 2013. Clydesdale Bank had accused the pair, who worked at national law firm Cobbetts before it closed and later moved to Shoosmiths, of being part of a conspiracy after they realised the bank’s charge had not been registered. However, the solicitors said they had decided to act in accordance with the instructions from their client. Judge Pelling found that the solicitors should have done more to check the bank’s position and held them partly responsible for the bank’s losses.

On appeal, however, Lord Justice Lewison said: “A finding of dishonesty, especially against a solicitor, should not be made without the most careful consideration of what the solicitor says in his own defence.”

Giving judgment in Clydesdale Bank v John Workman & Ors [2016] EWCA Civ 73, he added: “The case against Messrs Murphy and Denslow, as put to the judge, was one of participation in a sophisticated conspiracy hatched as soon as the company realised that the Bank’s charge had not been registered, and that Messrs Murphy and Denslow were in on it from the start. That case failed; and what the judge ultimately decided was far removed from the case that had been advanced.”

Issue: 7686 / Categories: Legal News
printer mail-details

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