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16 June 2011 / Phillip Oldcorn
Issue: 7470 / Categories: Features , Property
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A risky business?

Phillip Oldcorn explains how innovation can help reduce risk

Here’s a suggestion for an interesting game for the conveyancer’s office. Ask your next few clients how they think risk is managed in their conveyancing transaction.

Agree among the staff a selection of possible answers; the Land Registry, the conveyancer is responsible for all conveyancing risk, the Law Society will protect me etc.  Do a sweepstake for the answers among the staff. Sit back and enjoy the game!

The correct answer is that there are several factors which mitigate most but not all conveyancing risks. Think of the following: good quality conveyancing practice, a (limited) Land Registry guarantee, PI insurance.  But how often do we stop and consider the uninsured risks that the best conveyance cannot prevent?  How can we cater for a dishonest seller? Why doesn’t anyone measure and/or GPS the boundaries of a property?  How can we protect those most vulnerable to mortgage or identity fraud?

Blind spots

There is a real consumer blind spot and lack of curiosity about the subject. This

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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