header-logo header-logo

House trap

05 July 2018 / Gary Blaker KC , Chris de Beneducci
Issue: 7800 / Categories: Features , Fraud , Property
printer mail-detail
nlj_7800_beneducci

Property imposter fraud: where now for solicitors & estate agents? Gary Blaker QC & Chris de Beneducci investigate

  • Solicitor acting for fraudulent seller now liable for breach of trust.
  • Solicitor acting for innocent purchaser not relieved under s 61 of the Trustee Act 1925.
  • Conveyancing solicitors still benefit from Gran Gelato protection regarding negligence, but warranty of authority is another front of exposure.
  • Estate agents not liable to innocent purchaser in negligence even where no ID checks undertaken.

In P&P Property Ltd v (1) Owen White & Catlin LLP (2) Crownvent Ltd [2018] EWCA Civ 1082, [2018] All ER (D) 124 (May), which was heard alongside Dreamvar (UK) Ltd v (1) Mishcon de Reya (2) Mary Monson Solicitors Ltd earlier this year, the Court of Appeal considered where the loss should fall when a fraudster purports to sell a property which he or she does not own, takes the proceeds upon ‘completion’, and fails to give good title.

The basic facts

On 20 November 2013 Owen White & Catlin

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll