This case concerns how the loss should fall on innocent victims of mortgage frauds practised by Tracy and John Whale (otherwise known as John Sinclair) with the assistance of an apparently incompetent or fraudulent conveyancing clerk employed by Messrs Curry Popeck and then later by Messrs Pulvers. The exercise is necessary so that those suffering loss may pursue professional negligence claims or enforce the respective firms’ vicarious liability for the fraud of their employee, which claims have yet to be adjudicated upon.’
Held: On the registration of a registrable disposition, equitable interests binding the disponer do not bind the disponee as interests in land, even if the disponee was a party to the creation of those interests
Judges:
Norris J
Citations:
[2008] EWHC 1692 (Ch)
Links:
Jurisdiction:
England and Wales
Torts – Other, Professional Negligence, Registered Land
Updated: 19 July 2022; Ref: scu.277328