Dreamvar: Who bears the loss?

Irwin Mitchell LLP | Property Law Journal | November 2018 #366
Dreamvar has implications not only for conveyancers but for breach of trust claims. Claire-Marie Cornford and Sarah Smith explain ‘The Court of Appeal held that the purchase monies should have remained in the vendor’s solicitor’s client account pending either a genuine completion of the sale or further instructions from the purchaser’s solicitors.’ The recent case …

Continue reading "Dreamvar: Who bears the loss?"

This post is only available to members.

Breach of trust: Who bears the loss?

Irwin Mitchell LLP | Trusts and Estates Law & Tax Journal | October 2018 #200
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 …

Continue reading "Breach of trust: Who bears the loss?"

This post is only available to members.

Conveyancing: A nightmare scenario?

Tanfield Chambers | Property Law Journal | July/August 2017 #353
In Dreamvar the purchaser’s solicitor was found liable for fraud by the ‘vendor’. Timothy Polli argues the logic of the decision ‘The effect of the decision is that the integrity of the conveyancing process (prior to registration of title) is underwritten by the conveyancing profession.’The case of Dreamvar (UK) Ltd v Mishcon de Reya [2016] …

Continue reading "Conveyancing: A nightmare scenario?"

This post is only available to members.