header-logo header-logo

04 September 2009 / Mark Sefton , Oliver Radley-Gardner
Issue: 7383 / Categories: Features , Property
printer mail-detail

A cautionary tale

Clark v Lucas Solicitors serves as a timely warning for conveyancing solicitors say Mark Sefton & Oliver Radley-Gardner

Conveyancing solicitors acting for residential developers should be aware of the cautionary tale told by Clark v Lucas Solicitors LLP [2009] EWHC 1952 (Ch). Adrian and Heather Clark were the purchasers of a house on a new residential development in Monmouthshire. The purchase price was £560,000. The seller was the developer, a company called Gainsborough Homes Ltd.

The overall funding for the development had been provided in the main loan facility from Natwest Bank plc, but in part also by some lending from an individual called Michael Kenny. The Natwest Bank naturally had a first charge over the whole of the development site to protect the bulk of the finance, and Mr Kenny had a second charge, also over the whole of the site, to protect his own financial input. Both of these were all monies charges, in the sense that they provided the lenders with security for the full amount of whatever might be

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll