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05 July 2018 / Gary Blaker KC , Chris de Beneducci
Issue: 7800 / Categories: Features , Fraud , Property
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House trap

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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

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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