Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP

Mortgage Agency Services Number One Ltd (t/a Britannia Commercial Lending) v Cripps Harries LLP

The court found no actionable fraudulent misrepresentation, conspiracy, or breach of duty by the defendant solicitors. All alleged misrepresentations were either not made, not false, or not made knowingly or recklessly. The claimants failed to prove dishonesty or motive, and the defendants' conduct was found to be honest throughout.

Parties
Claimant: Mortgage Agency Services Number One Limited (trading as Britannia Commercial Lending); Defendant: Cripps Harries LLP
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Solicitor's Liability, Misrepresentation, Conspiracy, Inducing Breach of Contract, Breach of Fiduciary Duty, Breach of Trust
Fraud Conspiracy Professional Negligence Solicitor's Liability Misrepresentation Inducing Breach of Contract Breach of Fiduciary Duty Breach of Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mortgage Agency Services Number One Limited (trading as Britannia Commercial Lending)

Claimant

Cripps Harries LLP

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant solicitors committed actionable fraud by misrepresentation
  2. 2 Whether the defendant solicitors conspired with the borrower to conceal material facts
  3. 3 Whether the defendant solicitors breached fiduciary duties or undertakings

Ratio Decidendi

The court found no actionable fraudulent misrepresentation, conspiracy, or breach of duty by the defendant solicitors. All alleged misrepresentations were either not made, not false, or not made knowingly or recklessly. The claimants failed to prove dishonesty or motive, and the defendants' conduct was found to be honest throughout.

Court Disposition

Claim dismissed