Professional Negligence Summer Newsletter 2018

Dear Reader,

Welcome to the summer edition of our Professional Negligence Newsletter.

In this edition, Rupert Higgins looks at the position conveyancers will find themselves in where their client turns out to be a fraudster; and Dr Robert Whittock examines the position where ‘off-plan’ investment schemes fail.

We have almost completed this year’s seminar series with only our seminar on Directors and Officers’ negligence to go on 13th September.  We are currently starting to plan for October 2018 – September 2019.  If there are any topics you would particularly like us to cover, please do get in touch.

If you missed any of our earlier seminars and would like a copy of the handout, please email

The earlier seminars covered:

  • Financial Adviser Claims and Expert Evidence
  • Insurance Brokers
  • Construction

Thank you for reading, and on behalf of Hardwicke’s Professional Negligence Team, we wish you an enjoyable summer.

John de Waal QC

Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood[2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment.

You can read all of Rupert Higgins‘ article here.

Left Holding The Baby

31st July 2018

31 July 2018. Rupert Higgins looks at the position conveyancers will find themselves in where their client turns out to be a fraudster.

Read more

“Off-Plan” Investment Schemes: Equitable Compensation

12th July 2018

12 July 2018. Dr Robert Whittock explains Alessandro Conticini & Ors v Graham & Rosen & Ors.

Read more

Contact Us

If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice management team.

This edition of the Professional Negligence newsletter was edited by Martyn Griffiths.

To find out more about our Professional Liability team and their work, visit the Professional Liability page on our website.

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