Western Trust & Savings Ltd v Travers & Co. (A firm)
Western Trust & Savings Ltd v Travers & Co. (A firm)
- 1998
- Property and Compensation Reports [1998] 75 P&cr 2, 200-209(10) .
CA 30 October 1996. Professional negligence-loan secured by way of legal mortgage - report on title failed to disclose that property was in co-ownership and subject to an existing charge - mortgage repayments in arrears - action for possession - value of property adequate to cover loan despite defects in title - action adjourned and not pursued - action for professional negligence against solicitors - nominal damages - whether loss caused by solicitors` negligence - whether failure to mitigate loss. HEADNOTE FROM JOURNAL.
DAMAGES
MORTGAGE ARREARS
PROFESSIONAL NEGLIGENCE
REPOSSESSION
WESTERN TRUST & SAVINGS LTD V TRAVERS & CO
CA 30 October 1996. Professional negligence-loan secured by way of legal mortgage - report on title failed to disclose that property was in co-ownership and subject to an existing charge - mortgage repayments in arrears - action for possession - value of property adequate to cover loan despite defects in title - action adjourned and not pursued - action for professional negligence against solicitors - nominal damages - whether loss caused by solicitors` negligence - whether failure to mitigate loss. HEADNOTE FROM JOURNAL.
DAMAGES
MORTGAGE ARREARS
PROFESSIONAL NEGLIGENCE
REPOSSESSION
WESTERN TRUST & SAVINGS LTD V TRAVERS & CO