header-logo header-logo

A new dawn or a false alarm?

27 May 2016 / Beth Holden
Issue: 7700 / Categories: Features , Property
printer mail-detail

Beth Holden reports on Purrunsing & the extent of a seller’s solicitor’s duty to the buyer in a property transaction

The recent decision of Mr Justice Pelling in Purrunsing v A’Court & Co and House Owners Conveyancers Limited [2016] EWHC 789 (Ch), has generated much interest, and alarm, about the extent of a solicitor’s duty to the purchaser of property. Purrunsing is the first authority to address the vendor’s conveyancers’ liability, and to examine the court’s power to grant relief under s 61 of the Trustee Act 1925 (TA 1925) when the purchaser’s money is away in breach of trust (Steven O’Sullivan considers some of the more controversial aspects of the judgment here).

Anthony Gold recovered the entire trust fund for the successful claimant from both the fraudster’s solicitors, A’Court, and the claimant’s own licensed conveyancers, House Owners Conveyancers Ltd (HOC). The court refused to relieve either of their strict obligation to reconstitute the trust of the claimant’s money, and found HOC negligent.

In October 2012 Mr Purrunsing paid over £470,000 to HOC

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll