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Professional & Financial Risks

Blog

Mining for claims: a year on from Proctor v Raleys

Published on 06 May 2016. By Claire Revell, Senior Associate

A year has now passed since the Court of Appeal's decision in Proctor v Raleys, a judgment which highlighted the difficulties defendant solicitors will face in stating that they gave sufficient advice if the advice they gave was contained in precedent letters and questionnaires (especially if they didn't actually meet the client, as was the case with the unfortunate Mr Raley).

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Getting the lie of the land: Conveyancers liable to Land Registry for mortgage fraud

Published on 27 April 2016. By Claire Revell, Senior Associate

Hot on the heels of the decision in Purrunsing v A'Court & Co (in which the High Court found conveyancers on both sides of a property fraud to be liable for the loss suffered by the buyer) comes another blow for property solicitors in the High Court decision in Chief Land Registrar v Caffrey & Co.

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Court refuses s61 relief in claim by buyer against seller's solicitors

Published on 26 April 2016. By Aimee Talbot, Associate

In a decision handed down earlier this month, the High Court in Purrunsing -v- (1) A'Court & Co. (a firm); (2) House Owners Conveyancers Limited [2016] EWHC 789 refused relief under section 61 Trustee Act 1925 to a firm of solicitors and a firm of licensed conveyancers who acted in the sale of a property by a fraudster.

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Cybersecurity – not just a small firm matter

Published on 20 April 2016. By Daniel Guilfoyle, Senior Associate

Law firms are increasingly becoming the target of Cybercriminals, driven by a perception that the industry's attempts to address security measures still lag behind other professional sectors.

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Here today, gone tomorrow – Calderbank offers and costs protection

Published on 13 April 2016. By Aimee Talbot, Associate

A recent case highlights a mistake to avoid when trying to obtain costs protection from Calderbank offers.

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Panama Papers – what does the leak mean for professional advisers?

Published on 13 April 2016. By Rachael Healey, Legal Director

The headlines have been full of stories about the so-called Panama Papers since their release 10 days ago.

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It can still be too late – Denton re-visited

Published on 18 March 2016. By Jonathan Wyles, Legal Director

The Court of Appeal in British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] EWCA Civ 153 has reminded all solicitors that Court Orders are there to be complied with, and dire consequences can still follow if they are breached, despite the more generous guidance given in Denton v TH White Ltd [2014] EWCA Civ 906.

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Brokers' block notification guidance provided by the Court

14 March 2016

The Court has provided guidance on making block notifications to PI insurers, in a key area relating to broker's professional liability exposure.

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Under-settlements – what factors does the Court take into account

Published on 22 February 2016. By Rachael Healey, Legal Director

In Dunhill v W Brook and Co and Crossley a damages claim was brought against solicitors and counsel for under-settling a personal injury claim.

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Solicitors can owe a limited duty of care to third parties

Published on 16 February 2016. By Sally Lord, Associate

In Caliendo v Mischon de Reya, the Court found that a firm of solicitors had not been retained, either expressly or impliedly, to represent the majority shareholders in respect of the sale of their shareholding in a football club.

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