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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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