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England and Wales decisions
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The Privy Council held that an attorney can commit professional misconduct by ignoring fraud-related red flags, even without a private law duty of care to the complainant.
The 2002 Transfer and its plan did not exclude the Disputed Land; only the land defined as 'Retained Land' was retained by Mr Jelbert. The plan and parcels clause were clear and unambiguous, and extrinsic evidence was inadmissible. Business common sense supported the claimant's construction, as retention of the Disputed Land would landlock the property.
Source excerpt
The High Court refused summary judgment in a conveyancing fraud dispute, holding that CPS and Wilkes had arguable defences on authority, breach of trust, section 61 relief, and contribution.
Lennon & Anor v Englefield & Ors [2021] EWHC 1473 (QB) (07 June 2021)
Professional negligence claim over sale proceeds paid to a non-solicitor failed. The court held the solicitor’s retainer did not require advice on the commercial risks.
Lennon & Anor v Englefield & Ors [2021] EWHC 1473 (QB) (07 June 2021)
High Court professional negligence claim dismissed. The court held solicitors acting on a conveyance had no duty to advise on the wisdom of paying sale proceeds to an intermediary.
The Court of Appeal held that a 1968 conveyance granted a right of way only for the land transferred, not for the separate yellow land, and refused to imply a wider easement.
The High Court found a solicitor negligent in a conveyancing dispute, holding that the wrong plan was attached to the transfer and SDLT was overpaid.
Mansion Estates Ltd v Hayre & Co (a firm) [2016] EWHC 96 (Ch) (22 January 2016)
High Court solicitor-negligence case about a subsale plan and SDLT. The court rejected the land claim but allowed recovery of ÂŁ18,000 SDLT overpayment.
The Court of Appeal held that a remortgage is not completed until prior charges are actually redeemed, so the borrower was not liable for the unrecovered balance.
The Court of Appeal held solicitors owed a Bowerman-type duty to report material valuation facts, but the respondent failed to prove causation.
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