The solicitor’s warranty in lending transactions: Authority, identity – and judicial uncertainty

20 Mar 2013, 12:00 am

The methods deployed by ID fraudsters and forgers in property transactions are becoming ever more sophisticated. When those methods succeed, solicitors frequently find themselves in the crosshairs of the angry lay client or the frustrated lender. A strategy of choice in this loss-shifting exercise is, if available, a claim that the solicitors have breached their warranty of authority.

What is the scope of their warranty? When will they be held to be in breach of that warranty?

For the adviser, these are tricky but regular questions. The Courts are doing their best to provide answers, but not always with consistent results.
In this seminar, John de Waal and Simon Hale of Hardwicke’s Professional Liability team will review the key authorities, update you on the most recent first instance and appellate decisions, and provide practical guidance on bringing and defending claims in this important field.