St Albans-based law firm Sherrards has fought off a negligence action brought by a London homeowner whose ex-husband fraudulently took ownership of their marital property.
The High Court dismissed a claim by Maureen Ombull that Sherrards had acted negligently in transferring the property into the name of her former husband, Charles Jones-Dunross, after he had forged her signature on the transfer documents.
Lightman J said that the law firm, which had acted on behalf of the mortgagor, Woolwich plc, had had “no reason to believe that anything was otherwise than what it appeared to be”.
The judge rejected Ombull’s argument that she had suffered the loss of a chance of obtain her former husband’s full interest in the marital home in subsequent divorce proceedings. Since Jones-Dunross had already transferred his interest to the claimant in return for her refusal to give evidence at a criminal trial, the judge held that she had suffered no loss.
The couple purchased the property in Oxford Gardens, Ladbroke Grove, London, W10 under the right-to-buy scheme in 1995. They separated in 1997 and had discussed selling the property and dividing the proceeds.
In April 2001, Jones-Dunross transferred the property into his name and remortgaged it. He informed his wife of the forgery the following month. She subsequently commenced divorce proceedings and the negligence action against the defendant.
Woolwich plc v Jones-Dunross and another; Ombull v Sherrards Solicitors Chancery Division (Lightman J) 13 July 2005.
The claimant appeared in person; Grant Armstrong (instructed by Robin Simon) appeared for the defendant.
References: EGi News 14/07/2005
