Mortgage Express Ltd v S Newman and Co and Others: ChD 10 Nov 1999

The defendant firm of solicitors were held liable to a lender. They claimed indemnity from the Solicitors Indemnity Fund but this was refused on the basis that the solicitor had acted dishonestly acting in a back to back sale at 165,000 less than the asking price. The solicitor claimed that the duty to the lender was restricted to the duty to obtain good title with vacant possession. Though wrong, the solicitors behaviour was not dishonest, and an indemnity was granted.

Citations:

Gazette 10-Nov-1999

Jurisdiction:

England and Wales

Legal Professions

Updated: 09 April 2022; Ref: scu.83875