header-logo header-logo

Solicitors—Trusts—Breach of trust

01 March 2012
Issue: 7503 / Categories: Case law , Law reports , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll