Fraud
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When negligence and fraud collide
Stuart Pemble considers the decision to allow a mortgage fraudster to sue her negligent solicitors
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Was rectification available after a fraud, and where did the loss fall?
Unravelling fraud is never easy. Dhillon v Barclays Bank plc concerned a property that had belonged…
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Adjudication: Evidence of fraud can be used
What happens when there is evidence that an adjudicator’s decision was obtained fraudulently? A recent decision means that Stuart Pemble can answer that conundrum. Key points The Technology and Construction…
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A bare knuckle fight between competing legal principles
What is required when a claimant applies for a judgment to be set aside on the basis of fraud?
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Was rectification available after a fraud, and where did the loss fall?
Transfer was void because proprietor’s signature was forged, but property had been charged to a bank
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Fraudsters are entitled to the benefit of limitation periods
The Court of Appeal has ruled that bad people are entitled to the benefit of limitation periods
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How to avoid falling victim to identity fraud
Owen Talfan Davies and Jayne Elkins consider the various liabilities and other practical implications arising from the Court of Appeal’s judgment in two recent cases
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Who should bear the loss when a buyer is defrauded out of money?
The money that changes hands in the course of a property transaction is an attractive target for fraudsters, and the Solicitors Regulation Authority has warned of the serious and continuing…
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When in doubt, check it out
James Davies and Michael Whitaker answer questions on property fraud and how to avoid falling victim
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Solicitors who failed to make proper checks on their client’s identity were not liable to a buyer who was defrauded of his money.
This Practice Point considers the fate of the company’s claims against Mary Monson Solicitors Ltd, who acted for and were also duped by the fraudster, for breach of warranty of…
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A buyer’s solicitor has been ordered to meet the loss caused by a fraudster whose own solicitors failed to check his identity properly.
In 2014, a fraudster sold a house in London to a company for £1.1m. The fraud was discovered before the company was registered as the owner of the property, by…
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Is a buyer’s solicitor responsible for checking the seller’s identity?
The issue at stake in Patel v Freddy’s Ltd [2017] EWHC 73 (Ch) will interest everyone in the property industry. Is a buyer’s solicitor required to confirm the identity of…