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27 May 2016 / Steven O'Sullivan
Issue: 7700 / Categories: Features , Property
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A missed opportunity?

The controversial judgment in Purrunsing deserves an airing in the Court of Appeal, says Steven O’Sullivan

To what extent do seller’s solicitors owe a duty to the buyer in a property transaction? None, you might say, and you would be right, at least in the strict sense of the law of tort. This much was confirmed in the case of Gran Gelato v Richcliff [1992] Ch 560, [1992] 1 All ER 865.

So, if a purchaser is misled by a seller’s solicitor, does it follow that his only recourse is against the seller and there is no recourse against the seller’s solicitors? Not quite. There is long established case-law relating to breach of warranty of authority, but recent cases have sought to confine this to quite specific representations by the seller’s solicitor. However, there is another way for a purchaser to succeed.

Last month HHJ Pelling QC, sitting as a judge of the High Court handed down judgment in Purrunsing v A’Court & Co and House Owners Conveyancers Limited [2016] EWHC 789 (Ch), [2016] All ER

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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