The controversial judgment in Purrunsing deserves an airing in the Court of Appeal, says Steven O’Sullivan
To what extent do seller’s solicitors owe a duty to the buyer in a property transaction? None, you might say, and you would be right, at least in the strict sense of the law of tort. This much was confirmed in the case of Gran Gelato v Richcliff [1992] Ch 560, [1992] 1 All ER 865.
So, if a purchaser is misled by a seller’s solicitor, does it follow that his only recourse is against the seller and there is no recourse against the seller’s solicitors? Not quite. There is long established case-law relating to breach of warranty of authority, but recent cases have sought to confine this to quite specific representations by the seller’s solicitor. However, there is another way for a purchaser to succeed.
Last month HHJ Pelling QC, sitting as a judge of the High Court handed down judgment in Purrunsing v A’Court & Co and House Owners Conveyancers Limited [2016] EWHC 789 (Ch), [2016] All ER
.tmb-mov69x69.jpg?sfvrsn=e3c4b2f1_1)
