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14 October 2016
Issue: 7718 / Categories: Case law , Law digest , In Court
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Solicitor

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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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