P&P Property Ltd v Owen White & Catlin LLP & Anor
Neither Owen White & Catlin LLP nor Winkworth warranted authority for the true owner or owed a duty of care to P&P Property Limited absent special circumstances; Owen White did not hold completion monies on trust for the purchaser under the 2011 Law Society Code, nor breach undertakings; all claims fail.
- Parties
- Claimant: P&P Property Limited; First Defendant: Owen White & Catlin LLP; Second Defendant: Crownvent Limited t/a Winkworth
- Jurisdiction
- England and Wales
- Judgment Date
- 30 September 2016
- Procedural Posture
- Civil / Judgment
- Outcome
- Claims dismissed
- Legal Topics
- Breach of Warranty of Authority, Negligence, Breach of Trust, Breach of Undertaking, Anti Money Laundering Compliance, Agency Law
Case Brief
Summary, issues, holding and outcome
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Parties
P&P Property Limited
Claimant
Owen White & Catlin LLP
First Defendant
Crownvent Limited t/a Winkworth
Second Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether Owen White & Catlin LLP and Crownvent Limited t/a Winkworth are liable for breach of warranty of authority
- 2 Whether Owen White & Catlin LLP and Crownvent Limited t/a Winkworth are liable for negligence
- 3 Whether Owen White & Catlin LLP are liable for breach of trust
Ratio Decidendi
Neither Owen White & Catlin LLP nor Winkworth warranted authority for the true owner or owed a duty of care to P&P Property Limited absent special circumstances; Owen White did not hold completion monies on trust for the purchaser under the 2011 Law Society Code, nor breach undertakings; all claims fail.
Court Disposition
Claims dismissed
Full Case Text
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