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Showing posts from February, 2017

The misunderstood decision in Dreamvar (UK) Limited and Mischon De Reya and Mary Monson Solicitors Limited [2016]

The decision of Mr David Railton QC in Dreamvar (UK) Limited and Mischon De Reya and Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch) has caused a major stir within the conveyancing industry and has led to a number of conveyancers questioning their exposure to liability on completing transactions on behalf of their clients.  
The facts are pretty straightforward.  
Mischon (MdR) acted for the Dreamvar in the purchase of a property from an imposter purporting to be the registered owner of the property.  The seller was represented by Mary Monson Solicitors Limited (MMS).  Upon completion, MdR on behalf of the purchaser, transferred the purchase monies to MMS, who in turn passed the money on to their client, the imposter.  By the time the fraud was discovered the fraudster could no longer be found. 
The case against the buyers solicitor (MdR) 
Dreamvar was left significantly out of pocket and commenced action against its solicitors (MdR), as well as the sellers solicitors (MMS).   
The cl…