Opinions

3 August 2012

Auctioneer counts cost in case of mistaken identity

The message: Auctioneers need to double-check the true ownership of properties they sell

The case: The High Court considered how to properly assess the liability of auctioneers who sell properties without proper authority, in Greenglade Estates v Strettons (12.07.12).

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29 June 2012

Withers on the vine: gardening advice to be avoided

The message: Solicitors’ advice should not be too forthright

The case: A law firm has been found negligent for not being cautious enough in advising buyers on whether an expensive London house had rights to a communal garden (Herrmann v Withers, 30.05.12).

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25 May 2012

Make no mistake: expertly drafted leases can’t be rewritten

The message: The court will not readily correct documents drafted by experienced and skilled solicitors.

The case: The Court of Appeal has overturned a judgment that allowed a sublease to be rewritten to give effect to what the judge thought the parties really intended, in Scottish Widows Fund v BGC International (9 May 2012).

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15 May 2012

Commercial property update

Considers the recovery of rent in a tenant administration, the pitfalls of best endeavours obligations, the National Planning Policy Framework and flood risk and buildings insurance.

First published in Solicitors Journal, 15 May 2012.

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9 March 2012

A fictional purchase can come back for very real bite

The message: Solicitors acting for lenders could pay a heavy price for carelessness.

The case: The Court of Appeal has confirmed that defrauded lenders may be able to recover all their losses from their solicitors, following the case of Lloyds TSB Bank v Markandan & Uddin (09.02.12).

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