Solicitor's negligence
Solicitor's negligence
- 2000
- Estates Gazette Case Summaries [2000]EGCS 98 (19/07/00) .
Patel and another v Daybells (a firm), QBD 19 July 2000. Defendant solicitor paying entire purchase price to vendor's solicitor against undertaking of latter to redeem prior mortgage - Undertaking not fulfilled- Claimant purchasers unable to reduce liability to their bank -Whether defendant should have departed from normal conveyancing practice - Whether claimants' loss limited diminution in value of purchased property by reason of continuing incumbrance. Held. The defendant succeeded on the first issue. The claimants succeeded on the second issue.
SOLICITORS
NEGLIGENCE
PROFESSIONAL PRACTICE
CONVEYANCING
DIMINUTION IN VALUE
Patel and another v Daybells (a firm), QBD 19 July 2000. Defendant solicitor paying entire purchase price to vendor's solicitor against undertaking of latter to redeem prior mortgage - Undertaking not fulfilled- Claimant purchasers unable to reduce liability to their bank -Whether defendant should have departed from normal conveyancing practice - Whether claimants' loss limited diminution in value of purchased property by reason of continuing incumbrance. Held. The defendant succeeded on the first issue. The claimants succeeded on the second issue.
SOLICITORS
NEGLIGENCE
PROFESSIONAL PRACTICE
CONVEYANCING
DIMINUTION IN VALUE