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Solicitor

14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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P & P Property Ltd v Owen White & Catlin LLP and another [2016] EWHC 2276 (Ch), [2016] All ER (D) 15 (Oct)

The Chancery Division dismissed a claim brought against the first defendant firm of solicitors and the second defendant estate agent, alleging, among other things breach of a warranty of authority, breach of a duty of care and negligence, where the claimant had paid for the purchase of a property, which it later transpired, had been purportedly offered for sale by an imposter pretending to be the true owner. The court held, among other things, that the checks that solicitors were required to undertake were designed to reduce the risk of fraud and could not reasonably be thought to eliminate it, and that the question of title was primarily a matter for the solicitors instructed in relation to the purchase and sale, not an estate agent. In all the circumstances, the defendants were not liable for the claimant’s loss.

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MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
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