Professional Negligence Claims: Examples of Solicitor Failures

Claims Against Solicitors – Identity Fraud and Landlocked Properties

At Healys LLP, our Professional Negligence team, led by Robert Johnson, frequently advises clients on claims against solicitors arising from negligent legal services. The below cases illustrate (1) how solicitor failures can lead to significant financial and emotional consequences and (2) how we can assist clients in seeking redress.

This first article in our series looks at identity fraud in property transactions and failures to advise on access rights in land purchases.

Fraud-Related Claims

These are claims against solicitors who have acted for clients in the intended purchase of properties but which were subject to identity fraud (i.e. the purported seller did not own the property).  Hence, the clients lost the purchase monies/did not acquire title to the property intended to be purchased causing them to recover their losses (with our input) from their previous and the purported sellers’ conveyancing solicitors.

We have now acted in these types of claims for a number of clients. Indeed we acted in the claim that became and remains the leading authority for these types of claims: Dreamvar (UK) LTD v Mishcon de Reya + Mary Monson Solicitors [2018] EWCA Civ 1082.

Purchase of Landlocked Property

During the conveyancing process, the client’s solicitors failed to identify and therefore advise the client that the property they were purchasing was landlocked, meaning that legally the client had no right to access the property.  Had the client been aware of this issue, he would not have purchased the property causing the claim to be calculated by reference to price paid less the actual value, known as diminution in value. We recovered financial compensation for the client and acquired a right to access the property through a deed of easement with the landlord.

If you would like legal advice on these (or any) areas of Professional Negligence or further information on any of the above, please contact Robert on 07899973306 or robert.johnson@healys.com

Healys Professional Negligence Services

Healys professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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