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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

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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