The solicitor employers of a solicitor who had acted under powers of attorney in transactions between the attorney and the principal which later proved fraudulent were negligent. The Land Registry was liable for the balance of damage suffered. Mance J: ‘.. the answer to this problem seems to lie in recognising that, for dishonest assistance, the defendant’s dishonesty must have been towards the plaintiff in relation to property held or potentially held on trust or constructive trust, rather than the introduction of a separate criterion of knowledge of any such trust.’
Judges:
Mance J
Citations:
Gazette 03-Feb-1999, [1999] CLC 1469,
Statutes:
Cited by:
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 17 May 2022; Ref: scu.77768