Accountants were retained to provide tax advice on a bonus scheme. The Deputy Master granted summary judgment on the basis that the claim was time-barred. The appeal was refused. It was held that in 2003 they should have advised that there was a material change in the law affecting the bonus scheme. Proceedings could have been brought then and there was no continuing breach. All that there was, was a failure to remedy the existing breach. In terms of liability it was not a case of contingent lia ...
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Solicitor and partner Mr Anis Waiz of Mohindra Maini LLP continues his critical review of current case law. This important case arose from a mortgage fraud and facts which are all too familiar to lenders and solicitors. There are a number of key issues as to completion and breach of trust in the judgment which are essential to grasp and of keen interest to conveyancers and Lenders . Part of the claim against the defendant was that they were in breach of trust in paying away the advan ...
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In assessing the market valuation of a property, evidence based on sales evidence taken from comparable properties on the Land Registry at the time immediately before the contested valuation was to be preferred to evidence based upon the application of a price per square metre to the floor area of the property.
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In proceedings against a firm of solicitors it was alleged that the solicitors had failed properly to advise the Claimant in respect of a transaction where she effectively lost the interest in her home and certain endowment policies, shares and pensions. When her husband had been accused of obtaining money be deception from a third party, she was told their house and savings would need to be sold to save him from prison. Her husband's solicitor prepared draft documents recording her agreement to ...
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An application against a trustee in bankruptcy that he pay £200,000 to the estate as loss alleged to have been occasioned by the sale of a property at an undervalue failed. Following proceedings relating to the property the court ordered that it should sold for not less than £650,000. That was the price at which the property was sold. This was said to be at an undervalue and the trustee should have applied to the court to increase the minimum sale price and also by failing to initiate rent revie ...
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We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he continues his critical review of current case law. In this post, Anis considers AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012):- Introduction This is an important case for all solicitors acting for lenders taking security. It also provides a salutary lesson when dealing with redemptions and has a useful summary of the law relating to breach of trust claims and the appr ...
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We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he writes a comprehensive case note on the recent Padden v Bevan Ashford Solicitors decision. Introduction First let me wish you all a very happy and peaceful new year. Continuing with my blogs on current case law this case from December is an important and a stark warning for lawyers who witness documents without considering fully their potential liability. The Court of Appeal noted in this cas ...
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Causes of action against a seller of a property and against solicitors for a breach of their duty of care for failure to discover the true property boundary accrued upon the purchaser entering in to the flawed contract for sale rather than at a later time. Accordingly its claims were time-barred.
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In assessing quantum where the second defendant had been in breach of duty and not advised the potential purchaser of the planning implications of a property being divided and inhabited by two parties on sale, issues arose as to the assessment of quantum. The correct method of assessment was the no transaction basis. The loss must have been foreseeable as having been with the reasonable contemplation of the parties. As the purchaser had sold the property back to the original vendor he had incurr ...
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The solicitors were entitled to terminate the retainer following allegations of bullying by one solicitor at the practice despite having continued to represent the client at a case management conference following the allegations being made. The nature of the complaint was not such as to require the solicitors to advise the client to appoint another solicitor instead of terminating the retainer.
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