Francesca Kaye & Helen Whalley discuss breach of trust claims against solicitors
- Breach of trust claims against solicitors—consideration of s 61 of the Trustee Act 1925 relief.
A recent case offers guidance as to how the court will consider a claim for relief in whole or in part under s 61 of the Trustee Act 1925 from a solicitor on the receiving end of a breach of trust claim.
In P & P Property Limited v Owen White & Catlin (1) and Crownvent Limited t/a Winkworth [2016] EWHC 2276 (Ch), [2016] All ER (D) 15 (Oct) a fraudster posing as Mr Harper (the true owner of the unoccupied property concerned) claiming to be based in Dubai instructed Owen White & Catlin (OWC) to act for him initially on a mortgage of the property, and subsequently on its sale. The solicitor with conduct of the matter at OWC, Ms Lim, satisfied herself as to her client’s identity and that he owned the property. She met him in person, taking
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