Pulvers (a firm) v Chan & Ors

Pulvers (a firm) v Chan & Ors

The court found that John Sinclair orchestrated a series of mortgage frauds using sham conveyancing transactions, false representations, and forged documents, with the assistance of Mary West and other Defendants. Mary West was found to have knowingly assisted Sinclair in deceiving lenders, and her denials of dishonesty were rejected in light of overwhelming evidence. Pulvers, through Mary West, breached its duties as trustee and as solicitor to the lenders, and is liable to compensate lenders for their losses. Defendants who received trust monies or assisted in the frauds are liable for knowing receipt, dishonest assistance, and conspiracy. Pulvers is entitled to contribution or...

Parties
Claimant: Pulvers (A Firm); Defendant: Nevil Chan; Defendant: David Endean; Defendant: John Farmer; Defendant: Susan Hooker; Defendant: Paul Howell; Defendant: John Rose; Defendant: John Sinclair a.k.a John Whale; Defendant: Ronald St Leger; Defendant: Mary West a.k.a Mary Francis a.k.a Mary Laux a.k.a Mary Langton; Defendant: Cavendish Finance Limited; Defendant: Cosec Facilities Limited; Defendant: Premium Finance Limited; Defendant: UK Direct Limited; Defendant: Deborah Ann Pearman; Defendant: Jack Thomas Doughty; Defendant: James Doughty; Defendant: James Knight
Jurisdiction
England and Wales
Judgment Date
29 October 2007
Procedural Posture
Civil (mortgage/conveyancing Fraud, Breach of Trust, Conspiracy, Knowing Receipt, Dishonest Assistance, Money Had and Received, Contribution) / Judgment After Trial
Outcome
Judgment for the Claimant against Defendants as specified; liability for contribution and indemnity apportioned as per judgment; summary judgment previously entered against certain Defendants stands; permission to amend schedule granted.
Legal Topics
Mortgage Fraud, Breach of Trust, Knowing Receipt, Dishonest Assistance, Conspiracy to Injure, Money Had and Received, Vicarious Liability, Contribution Between Tortfeasors, Solicitors’ Duties, Professional Misconduct
Civil Law Equity and Trusts Tort Law Property Law Professional Negligence Mortgage Fraud Breach of Trust Knowing Receipt +7 more

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 6 Authorities cited 14 Party arguments 2 Amounts and remedies 18
Sign in to unlock

Parties

Pulvers (A Firm)

Claimant

Nevil Chan

Defendant

David Endean

Defendant

John Farmer

Defendant

Susan Hooker

Defendant

Paul Howell

Defendant

John Rose

Defendant

John Sinclair a.k.a John Whale

Defendant

Ronald St Leger

Defendant

Mary West a.k.a Mary Francis a.k.a Mary Laux a.k.a Mary Langton

Defendant

Cavendish Finance Limited

Defendant

Cosec Facilities Limited

Defendant

Premium Finance Limited

Defendant

UK Direct Limited

Defendant

Deborah Ann Pearman

Defendant

Jack Thomas Doughty

Defendant

James Doughty

Defendant

James Knight

Defendant

Procedural Posture

Civil (mortgage/conveyancing Fraud, Breach of Trust, Conspiracy, Knowing Receipt, Dishonest Assistance, Money Had and Received, Contribution) / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants conspired to defraud lenders through mortgage fraud schemes involving false representations and sham conveyancing transactions
  2. 2 Whether Pulvers (the Claimant firm) is liable to lenders for breach of trust and/or negligence
  3. 3 Whether Defendants are liable for knowing receipt of trust monies, dishonest assistance, and conspiracy

Ratio Decidendi

The court found that John Sinclair orchestrated a series of mortgage frauds using sham conveyancing transactions, false representations, and forged documents, with the assistance of Mary West and other Defendants. Mary West was found to have knowingly assisted Sinclair in deceiving lenders, and her denials of dishonesty were rejected in light of overwhelming evidence. Pulvers, through Mary West, breached its duties as trustee and as solicitor to the lenders, and is liable to compensate lenders for their losses. Defendants who received trust monies or assisted in the frauds are liable for knowing receipt, dishonest assistance, and conspiracy. Pulvers is entitled to contribution or...

Court Disposition

Judgment for the Claimant against Defendants as specified; liability for contribution and indemnity apportioned as per judgment; summary judgment previously entered against certain Defendants stands; permission to amend schedule granted.

Orders

  • Defendants found liable for knowing receipt, dishonest assistance, and conspiracy as specified in the judgment.
  • Defendants ordered to contribute to or indemnify Pulvers for lender losses as per the principles set out.