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The Dreamvar Appeal- Strict Liability for identity imposter fraud cases?

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The Dreamvar Appeal and the game of 'ping pong' it has created

The decision of the Court of Appeal in  Dreamvar (UK) Ltd v Mishcon de Reya and the linked claim in P & P Property Ltd v Owen White and Catlin LLP has created more uncertainty and will without doubt lead to conveyancers playing ‘ping pong’ with each other as I hope this article looking at the practical implications will demonstrate.  So a buyer solicitor will be asking the seller for a warranty that the conveyancer’s client is the legal owner of the property. In return the seller conveyancer will or should say that all money laundering checks required by statute have been undertaken but that no warranty should be implied into the response as to the true identity of the seller.   The ball now firmly back in the buyer’s conveyancer’s court, the competent buyer’s conveyancer should challenge this, and say this is not good enough, and to specifically enquire as to whether the seller’s conveyancer has seen evidence to link the client to the ownership of the property. For example, evidenc…

GDPR- What, How When, Where, Who?

In an increasingly digital world, it is arguably harder to keep track of what we have bought, who we have spoken to, what we have signed up to and more importantly, where our data is held. When we receive the telephone calls about accidents that we never had or emails from a friend who is supposedly stuck in Thailand after being involved in a tuk tuk collision, it often worries us how our details ended up in the hands of these rather ominous places.
Organisations have become wise to the trends in consumer behaviour; namely, we want things done quickly and efficiently with as little bureaucracy as possible. A trend that has been exploited by firms using pre-ticked boxes and electronic receipts as consent to marketing as a way of increasing their customer base and decreasing consumer knowledge.
Well, four letters have the potential to shift the power back to the consumer and those four letters are G.D.P.R. You may have only just started to hear the acronym being used or might not be aware…

Can a party wall surveyor be sued for negligence?

The vast majority of surveyors who work within the party wall arena discharge their duty in a competent and ethically driven manner.  There are however, a small minority who continue to let the side down. They operate outside the ambit of their statutory appointment and with little attention or care for the interests of the home owners they touch along the way.  This presents a problem for many, since once appointed it is very difficult to remove a party wall surveyor. The involvement of an unethical surveyor can often lead to a whole heap of misery and financial loss for the unwitting appointee and or adjoining owner.  I am often asked whether faced with this situation is it possible to bring an action against the rogue surveyor to seek legal redress for loss stemming from the negligent delivery of the service provided. In other words, can a party wall surveyor be sued for negligence.  For an action in negligence to succeed the claimant will need to show that a duty of care exists, that …

Avoiding the Cowboy Party Wall Surveyor

Home extensions whether to create more space or to redesign existing layouts are on the increase.  The availability of cheap loans and the stress associated with moving has made home improvement more popular than ever.  

Most home owners are well aware of the need to consider planning and building regulations but are often less mindful of the important role neighbours play in the process.  
The reality is they cannot be ignored, and indeed it is a point of law that neighbours must be given clear notice before work close to the neighbour’s boundary commences.  This includes work on an existing wall, ceiling or floor structure shared with another property, building on or at the boundary with another property and or Excavating near a neighbouring building or structure.
Making sure this is not missed will or should provide the build proceeds smoothly.  Get it wrong then this could cause delay and add to the cost of the build.
There are plenty of websites out there with good advice on the proc…

Gifts Donors and Anti Money Laundering

The rise in gifted deposits has without doubt created further work for conveyancers.Not only is there a need to check the nature of the contribution and to take steps to ensure a lender is aware of the gift, a conveyancer is alsoobliged to consider exposure to liability under the anti money laundering legalisation.
On the face of it the donor of the gift is not a client, there is no retainer. This raises the question of whether the legislation can be said to impose an obligation.Interesting the Legal Sector Affinity Group Anti-Money Laundering Guidance for the Legal Sector ( March 2018) contains no reference whatsoever to the donation of gifts and of any requirements in relation to the donation of funds towards the purchase of a property.
The customer due diligence (‘CDD’) obligation clearly only relates to a person who retains a conveyancer to undertake a service which is regulated under the The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Reg…