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27 May 2016 / Beth Holden
Issue: 7700 / Categories: Features , Property
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A new dawn or a false alarm?

Beth Holden reports on Purrunsing & the extent of a seller’s solicitor’s duty to the buyer in a property transaction

The recent decision of Mr Justice Pelling in Purrunsing v A’Court & Co and House Owners Conveyancers Limited [2016] EWHC 789 (Ch), has generated much interest, and alarm, about the extent of a solicitor’s duty to the purchaser of property. Purrunsing is the first authority to address the vendor’s conveyancers’ liability, and to examine the court’s power to grant relief under s 61 of the Trustee Act 1925 (TA 1925) when the purchaser’s money is away in breach of trust (Steven O’Sullivan considers some of the more controversial aspects of the judgment here).

Anthony Gold recovered the entire trust fund for the successful claimant from both the fraudster’s solicitors, A’Court, and the claimant’s own licensed conveyancers, House Owners Conveyancers Ltd (HOC). The court refused to relieve either of their strict obligation to reconstitute the trust of the claimant’s money, and found HOC negligent.

In October 2012 Mr Purrunsing paid over £470,000 to HOC

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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