Landmark property fraud appeal case decision rocks conveyancing world

first_imgSolicitors acting for vendors can no longer hope to pin the blame for a property fraud on other parties in the sale, the Court of Appeal has indicated in a decision that will have far-reaching effects on the whole property industry.This follows a landmark decision yesterday that puts to rest one of the most complicated property law cases in recent years, and which has also highlighted how easy it can be for fraudsters to con millions of pounds from buyers.The two negligence cases, which concerned frauds completed in 2013 and 2014, were originally brought by unrelated London developers ripped off by different criminals posing as the vendors of properties they did not own.Yesterday’s decision by the three judges in the Court of Appeal clarifies how much vendors’ solicitors are liable in cases like this, and is likely to trigger significant reform of the conveyancing process by the Law Society. During the appeal process both vendors’ solicitors were highlighted by the judges for their weak identity checks.“We can almost hear the collective sigh of relief of those involved in acting for purchasers in conveyancing transactions. Those acting for sellers though, not unreasonably, need to make sure they carry out the proper identity checks,” says Catherine Penny at legal firm Stevens & Bolton.“Concerned about the impact the first instance judgment would have on the profession and in particular those acting for purchasers, the Law Society intervened and provided written submissions to the Court of Appeal.“That the obligation should lie on the side of the fraudulent sellers’ solicitors to check their clients’ identity seems fairer than it being for the innocent purchaser’s solicitors, but what happened to ‘buyer beware’? Sellers’ solicitors will certainly need to be more vigilant in their identify checks going forward.”Property fraudIn the first case, P&P Properties sought to get the £1.03 million it paid for a fraudulently-sold property at 52 Brackenbury Road, Hammersmith (pictured above, right), from Owen White and Catlin, the solicitor instructed by the fake vendor, and the selling agent, Winkworth.In the second case, developer Dreamvar pinned its hopes on recouping the £1.1 million it paid for a fraudulently-sold property in Earls Court (pictured above, left) from its own solicitor, Mishcon De Reya, rather than the vendor’s legal firm Mary Monson Solicitors.The agent involved in this case was Douglas & Gordon, but no claim was made against it and the firm has not been involved in any of the litigation.In the original court cases both developers attempted to sue their chosen parties for negligence but failed, and subsequently appealed.This includes Winkworth, which, in the original trial, had the claim against it dismissed although its request for costs was reduced by 10% for its role in the fraud. This has now been overturned.Yesterday lead judge Lord Justice Patten allowed P&P’s appeal against the original judge’s finding that there was no breach of trust but dismissed its claim that there had been a breach of warranty of authority.In the Dreamvar case he allowed the appeal by Mishcon De Reya and Dreamvar that there was no breach of trust by the vendor’s solicitor but refused to grant relief to Mishcon De Reya.Read the full judgement.Read our guest blog by leading solicitor Peter Rodd on what agents need to do to prevent fraud.mischcon da reya P&P properties Mary Monson solicitors property fraud douglas and gordon dreamvar May 16, 2018Nigel LewisWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Hong Kong remains most expensive city to rent with London in 4th place30th April 2021 Home » News » Landmark property fraud appeal case decision rocks conveyancing world previous nextRegulation & LawLandmark property fraud appeal case decision rocks conveyancing worldJudges’ decision to allow some elements of the Dreamvar and P&P Properties’ appeals is likely to spark a wholesale reform of the house selling process.Nigel lewis16th May 201803,646 Viewslast_img read more

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$1.3 million granted to Vermont schools for safety projects

first_imgThe Vermont Agency of Transportation today announced that 22 schools received a total of $1.3 million in Infrastructure Awards through the Agency’s Safe Routes to School program.Safe Routes to School is a federally funded safety program that is administered through VTrans. The program, which supplies money for bicycle and pedestrian improvements, has a goal of increasing the number of students who can safely walk or ride bikes to school.‘Safe Routes to School is about kids walking and biking to school regularly, routinely, and safely,’ said VTrans Secretary David Dill.  ‘The program is an opportunity to have schools and communities work together to solve some of their pressing safety, environmental and health challenges.’Competition for funding was stiff, as VTrans received 31 applications for a total request of $2.8 million.  The Agency was able to provide $1.3 million that will aid 19 projects.  Awards were granted to safety projects that include sidewalks, improved crossings, school zone signs, and traffic calming.A complete list of schools and awards is provided below.Seventy schools across the state have participated in the program since the 2006/2007 school year.  Efforts include student and parent surveys regarding transportation behavior and attitudes, as well as safety education.   Schools have also encouraged students to walk and bike to school through the use of chaperoned ‘Walking School Busses’ and regular ‘Walking Wednesdays’ that offer incentives like water bottles and T-shirts.  Participating schools work in partnership with their local governments to identify infrastructure needs on the routes to school.Source: VTrans. 7.14.20102010 Grant Receiving SchoolsSchool NameCityProject DescriptionTotal Guilford Central SchoolGuilfordFeasibility Study$26,500Chamberlin SchoolSo. BurlingtonFeasibility Study$20,000Jericho Elementary SchoolJerichoSidewalk connecting sidewalk on VT 15 to School entrance$175,000Warren SchoolWarrenRadar feedback signs and feasibility study51000Warren SchoolWarrenFeasibility Study$35,000Moretown Elementary SchoolMoretownInstall radar signs, upgrade signage and crosswalk markings$42,000Weathersfield ElementaryWeathersfieldUpgrade signs and radar speed sign$12,000Readsboro CentralReadsboroFunding for construction of additional sidewalk and curbing on VT 100$27,809Barre Town ElementaryWebstervilleUpgrade School Zone signs and erect radar speed feedback sign$33,500Middletown Springs Elementary SchoolMiddletown SpringsConstruction of sidewalk along School House Road$196,000Rutland Middle School & Rutland Intermediate SchoolRultandSign and pavement marking improvements to intersection around School Complex$10,607Saxtons River Elementary SchoolSaxtons RiverConstruction of sidewalk from school to village and bus drop off lane$209,000Champlain ElementaryBurlingtonFeasibility Study$24,000Champlain ElementaryBurlingtonUpgrade signs around school and radar speed sign$23,000Dothan Brook SchoolWhite River Jct.Feasibility study$27,000Waitsfield ElementaryWaitsfieldUpgrades to school signs, radar feedback signs, and intersection improvement near school.$141,000Poultney Jr. Sr. High SchoolPoultneySign upgrade, 4 radar signs$67,100Poultney Jr. Sr. High SchoolPoultney6 foot wide sidewalk, curbing 300 linear feet near jr/sr high school, retaining wall$149,200Malletts Bay SchoolColchesterMulti-Use path to access mallets bay school – small sections and crosswalks$31,537 $1,301,253 Total Awardlast_img read more

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Emotional journey: Twin Tiers Honor Flight announces its’ next trip

first_imgThe 10th mission of the honor flight will be departing the Binghamton Airport on April 18. The organization brings veterans to Washington D.C. and the memorials in the honor. TOWN OF MAINE (WBNG) — On Tuesday, the plans were revealed for 2020’s Twin Tiers Honor Flight at the Greater Binghamton Airport. “It’s as emotional for guardians and staff as it is for the volunteers,” says Board Member and Treasurer of Twin Tiers Honor Flight Steve Gardner. “When they see the wall and their eyes are fixed on a name you don’t know what they are thinking.” Upon returning to Binghamton around 7 p.m., the veterans are met by a reception of over 500 people. 60 veterans, guardians and staff will be on the flight to the nation’s capital. The Honor Flight is a non-profit organization that was created to honor American veterans. When they arrive, they get onto a bus and are escorted by capital police. This mission will mark a milestone for the Honor Flight as they will have transported over 500 veterans to Washington.last_img read more

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Local Voters Choosing Mail-in Option

first_imgSome Palm Beach County voters are choosing to vote by mail due to the concerns about the coronavirus.Voters say the lines will be long and they do not want to be near people who are coughing or sneezing.According to the Supervisor of Elections Office, voters may visit any of their four offices to pick up a mail ballot.Read the full statement here:last_img

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