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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll