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01 March 2012
Issue: 7503 / Categories: Case law , Law reports , In Court
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Solicitors—Trusts—Breach of trust

Lloyds TSB Bank plc v Markandan & Uddin [2012] EWCA Civ 65, [2012] All ER (D) 62 (Feb)

Court of Appeal, Civil Division, Mummery, Rimer LLJ and Sir Mark Potter, 9 Feb 2012

On an application under s 61 of the Trustee Act 1925 (TA 1925), a solicitor who conducts a transaction by the book and acts honestly and reasonably in relation to it in all respects but still does not discover a fraud is likely to be treated mercifully by the court, although he might still be held in breach of trust for innocently parting with loan money to a fraudster.

Nicole Sandells (instructed by DLA Piper UK LLP) for the claimant. Christopher Aylwin (instructed by Patricks) for the defendant.

In August 2007, a mortgage-lending and deposit-taking business retained the defendant firm of solicitors to act for it, on the basis of the instructions in the Lenders’ Handbook for England and Wales, on a proposed loan to D to enable D to buy a freehold property. In September 2007, the defendants remitted

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
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