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Dreamvar v. Mishcon de Reya: Identity fraud in conveyancing

Stationers' Hall

24th May 2018
8:15am

Events
15 May 2018

4 New Square are hosting a seminar at Stationers’ Hall on Thursday 24th May where we will discuss the implications of the Court of Appeal’s decision on 15th May in the combined appeals of Dreamvar Ltd v. Mishcon de Reya and P&P Ltd v. Owen White & Catlin.

The decision is of equal significance to professional indemnity lawyers and insurers and to property litigators. The buyers who were victims of identity fraud sought a number of remedies against their own solicitors and the fraudster’s solicitors. This provided the court with the opportunity to restate and develop the law in each of these areas, including:

Breach of trust:
Are the seller’s and the buyer’s solicitors liable as trustees if the purchase money is paid to an impostor? Should either or both solicitors be relieved from liability under section 61 of the Trustee Act 1925? The s. 61 issue has wide implications for insurers.

Breach of undertaking:
the court clarified the effect of the Law Society Code for Completion by Post: this will be important for property litigators.

Breach of warranty of authority:
the court reversed a number of recent decisions and effectively re-wrote this area of the law: This will be of importance to commercial and property litigators.

Negligence:
The court considered whether the seller’s solicitor should owe a duty of care direct to the buyer.

 

The speakers include; David Halpern QC, Ben Patten QCClare DixonKatie Powell and will be chaired by Nicole Sandells QC.

 

Places are limited and will be issued on a first come, first served basis.

For more information and to RSVP please e-mail: events@4newsquare.com.

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