header-logo header-logo

27 May 2016 / Beth Holden
Issue: 7700 / Categories: Features , Property
printer mail-detail

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

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

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
One in six people with a legal dispute in the past two years used an AI chatbot to discuss the issue or draft complaints, research by charity JUSTICE and research group the Administrative Fairness Lab has found
The Meta settlement indicates civil claims are more effective than regulation when it comes to forcing tech giants to change, according to online safety lawyer Mark Jones
Artificial intelligence (AI) is now used by 94% of lawyers for legal work, with one in ten dependent on AI to do their job, according to LexisNexis
An immersive exhibition drawing on 70 appeals heard at the Supreme Court, Judicial Committee of the Privy Council and House of Lords, has opened to the public
Up to 100 more pupillages for criminal barristers could be provided each year, under a match-funding scheme boosted by £1.5m funding from Ministry of Justice
back-to-top-scroll