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Tag: Nationwide v Davisons

Relief for conveyancers in mortgage fraud case – but expect a backlash

Jun 7, 2013

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by

Simon Seaton

in CQS Conveyancing, CQS Policy Templates

In the decision in Santander UK Plc v R.A. Legal Solicitors (a firm) [2013] EWHC 1380 (QB) Andrew Smith followed the appeal court’s decision in December 2012 in Nationwide Building Society v Davisons Solicitors that a law firm can be relieved of consequential liability for a breach of trust if it acts honestly and reasonably.…
Breach of trust claims against conveyancing solicitors : A moving target

Jan 28, 2013

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by

Simon Seaton

in CQS Conveyancing, CQS Policy Templates

In 2013 conveyancers are likely to witness the continuing trend for lenders to embrace breach of trust arguments rather than traditional negligence claims against conveyancing lawyers. Call me a ‘conspiracy theorist’ but I suspect that this approach has something to do with lenders’ fear of their previous risky lending practices coming back to the haunt…