Continue reading "Breach of trust: Who bears the loss?"
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Breach of trust: Who bears the loss?
Dreamvar has implications not only for conveyancers but for breach of trust claims against professional trustees. Claire-Marie Cornford and Sarah Smith explain ‘It was accepted that there had been failures in the identification checks undertaken by OWC and MMS; however, in both cases the claims against the vendors’ solicitors were dismissed at first instance on …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Futter & anr v HMRCC (with Pitt v HMRCC) [2013] UKSC 26; [2013] WTLR 977 SC
- Gran Gelato Ltd v Richcliff (Group) Ltd [1992] Ch 560
- M v St Anne‘s Trustees Ltd (2018) unreported judgment 1/2018 Guernsey Royal Court 12 January
- P&P Property Ltd v Owen White & Catlin LLP; Dreamvar (UK) Ltd v Mishcon de Reya [2016] EWHC 2276 (Ch); [2016] EWHC 3316 (Ch); [2018] EWCA Civ 1082
- Santander UK v RA Legal Solicitors [2014] EWCA Civ 183; [2014] WTLR 813
- White v Jones [1995] UKHL 5