David MacDonald v Geoffrey Myerson and Others: CA 26 Jan 2001

The client obtained mortgages for properties through a fraud as to his identity. He was convicted of fraud, but in the meantime sold one property through the defendant solicitors. The mortgage was redeemed, but the defendant refused to pay the balance proceeds of sale to the claimant, on the basis that his claim was based upon an illegal contract. He asserted that he was simply entitled. The claimant succeeded, since it was admitted that in fact he was the person who had purchased and sold the property. It was for parliament if it wished to create any way of enhancing civil confiscation procedures.

Citations:

Gazette 08-Feb-2001

Jurisdiction:

England and Wales

Legal Aid, Land

Updated: 08 May 2022; Ref: scu.135602