header-logo header-logo

20 September 2018 / Veronica Cowan
Issue: 7809 / Categories: Features , Profession , Property , Insurance / reinsurance
printer mail-detail

An uneasy pairing?

nlj_7809_cowan

Veronica Cowan puts the relationship between conveyancing solicitors & professional indemnity insurers under the spotlight

  • Insurers are exercising caution when dealing with conveyancing law firms, a trend heightened by Dreamvar.

Conveyancing is the riskiest area for professional indemnity insurers (PII), and those conveyancing lawyers yet to renew will be burnishing their risk profiles in the wake of Dreamvar v Mishcon de Reya and ors [2018] EWCA Civ 1082. In Dreamvar, the Court of Appeal spread the loss, sustained after a fraudster pretended to sell a property, between the solicitors for both buyer and seller because both were insured. Consequently, conveyancers’ PIIs may well want to see risk management measures in place when conducting due diligence on sellers, if they didn’t already.

Observers note that questions asked by purchasers’ solicitors, on property information forms and similar documents, have already become more intrusive and searching in recent times. ‘We have seen an increase in the number of enquiries raised by buyers’ solicitors and there is definitely an increased reliance on the seller’s

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll