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

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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