competence


Dreamvar reaction: Conveyancers face insurance premium hikes

16 May 2018

Conveyancers are facing higher professional indemnity insurance costs – and their clients higher fees as a result – due to yesterday’s Court of Appeal ruling in Dreamvar, experts have predicted. One said the judgment “will provide greater protection to buyers, but will shake up the conveyancing industry with much greater risk of liability”.


High Court refuses to strike out £1.2m family law negligence claim

16 May 2018

“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled. The claimant argued that, but for the firm’s negligence, he would have had to pay a third of the lump sum ordered by a district judge on his divorce.


Dreamvar: CA finds seller’s solicitor liable for imposter fraud – but buyer’s conveyancer still on hook too

15 May 2018

Solicitors acting for the buyer of a property purportedly ‘sold’ by an imposter were liable for the losses suffered by their client, the Court of Appeal has ruled by a majority in the long-awaited decision in Dreamvar However, the court also found that seller’s solicitors liable, meaning that the other solicitors could sue them for a contribution.


Call for “emotional competency” push as Mental Health Awareness Week kicks off

14 May 2018

Training law students in emotional competency, and a change in culture, led from the top, in law firms and chambers are among the shifts needed to combat the growing problem of stress in the legal profession, according to a roundtable held in the run-up to Mental Health Awareness Week, which begins today.


Barrister not to blame for repeat offender’s heroin conviction, Court of Appeal rules

16 April 2018

A criminal silk was not to blame for a man being convicted of importing and supplying large quantities of heroin, the Court of Appeal has decided. Attique Sami argued that “no competent counsel” would have called a witness who gave “highly damaging evidence” against him involving 230kg of heroin with a street value of over £37m.


Law Society faces JR over refusal to reaccredit mental health specialist

10 April 2018

A London-based law firm has filed a claim for judicial review against the Law Society’s decision not to reaccredit a solicitor who had been on its mental health panel for nearly a decade. She said the decision meant she has had to stop working in an area about which she is “passionate”, and longstanding clients have had to find new representation.


Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid

9 March 2018

A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime. The Court of Appeal upheld the decision and the Supreme Court has now refused to hear a second appeal.


Borrower’s solicitor not liable for bank’s loss because it should have realised her error

1 March 2018

A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled. It restored the ruling of the judge at first instance, who held that the bank did not act reasonably.


Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules

23 February 2018

A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report, but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled. He said it was not the firm’s duty to “advise about structural matters when there was a structural survey available”.


Government to direct leaseholders who want to sue conveyancers for negligence

5 January 2018

The government is to ensure that leaseholders know how to sue their conveyancer where they may have been negligent over escalating ground rents, it has revealed. It is one of several new measures to cut out unfair and abusive practices within the leasehold system, announced just before Christmas.

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Blog

20 June 2018

New tech on the block: what you need to know about blockchain

Blockchain. It’s been branded as the future of just about everything, and is soon expected to infiltrate all aspects of how we live our lives from banking, to tax returns to voting. But what is it, and how can it be used in property transactions?

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18 June 2018

Surely no one would do this?

It’s slightly tongue-in-cheek, but let’s see if we can design a business model that is doomed to struggle and which will ensure that we miss out on the profit and cash opportunities that come with providing high-value services at high prices in a near-monopoly situation.

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