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

Connaught Income Fund, Series 1 (in liquidation) v Hewetts Solicitors (a former firm) [2016] EWHC 2286 (Ch), [2016] All ER (D) 90 (Sep)

The Chancery Division dismissed the claimant lender’s claim for damages for professional negligence against the defendant firm of solicitors where the allegations had not been established, save in one instance. The lender had claimed it had relied on a certificate of title (COT) produced by the defendant solicitors, who had been instructed by the first instance borrowers, in authorising draw-down on a loan for the purchase of a property by the eventual borrower. The court held that solicitors, in circumstances such as in the present case, did not owe to the lender the wider duty as set out in Mortgage Express Ltd v Bowerman & Partners Ltd [1996] 2 All ER 836, but rather owed a duty limited to exercising due skill and care when speaking in the form of the COT.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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