Competence


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.


Land Registry to publish workload and requisition count of top 500 conveyancing firms

2 January 2018

The Land Registry is to publish how many incomplete applications it receives from the top 500 conveyancing firms as part of its commitment to opening up its data. It sends out 5,000 requisitions every day to conveyancers for further information or action before their applications can be completed.


Appeal court rejects convicted VAT fraudster’s claim that solicitor forced her to drop appeal

19 December 2017

The Court of Appeal has rejected the arguments of a convicted VAT fraudster that her former solicitors pressured her to drop an appeal that included a claim that they represented her badly and helped land her in jail.

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Blog

18 February 2019
John Espley LEAP

E-signatures: A sign of the times

Using the internet or a smartphone app has become second nature to most of us and handling legal transactions digitally should be no different. The emergence of e-signatures is making this a reality.

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