Solicitors liable in Dreamvar and P&P appeals

May 15, 2018

The insurance position of the respective parties was a relevant consideration in deciding whether to exercise the discretion to grant s.61 relief, held the Court of Appeal today, in a decision that places the risk of property fraud firmly on the shoulders of solicitors.

The Court also held that the undertakings given by the vendor’s solicitors under the Law Society’s Code of Completion by Post (“the Code”), and their warranty of authority, were to be construed as including the representation that their client was in fact the true owner of the property.

Read the full case note by Alice Nash.