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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll