Following the completion of the sale of a property, the mortgagee was demanding payment of all sums due, which was approximately double the value of the plot in respect of which the defendant solicitors’ undertaking had been given. The court was asked to enforce the standard form undertaking. Miss Sarah Asplin QC said: ‘Despite the fact that the amount demanded here is approximately double the value of Plot 3, I accept Mr Pay’s submissions in this regard. Mr Kenny is entitled to demand the full sum due, and Lucas should be taken to have contemplated that that might well be the case, especially in the light of the fact that their client was developing the Site as a whole. In this regard, I also take into account the extract from the Solicitors’ Code of Conduct and the Guide to it, to which I was referred. Such a demand is not therefore, something which can be categorised as wholly unreasonable or outside Lucas’ contemplation.’
Judges:
Miss Sarah Asplin QC
Citations:
[2009] EWHC 1952 (Ch)
Jurisdiction:
England and Wales
Cited by:
Cited – Thames Valley Housing Association Ltd and Others v Elegant Homes (Guernsey) Ltd and Others ChD 27-Oct-2009
The claimant sought to enforce against the defendant’s solicitors an undertaking given by them. The claimant contracted to buy property subject to a charge in favour of the third defendant bank securing loans over other property. The bank gave no . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 07 May 2022; Ref: scu.377318