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Results: 1-10 of 12

Calderbank offers revisited

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • March 31 2014

The recent Court of Appeal decision in Walker Construction (UK) Ltd v Quayside Homes Ltd suggests that it may not be necessary for a defendant to

Pre-action costs

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2010

The bank sought to enforce a guarantee against the defendant in proceedings (the Guarantee Claim

Disclosure in lenders’ claims

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • December 17 2010

The claimant lender was successful in its application for delivery up of a firm’s files concerning mortgage transactions in which the solicitors had acted for both the lender and their borrowers

Loss of chance

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • December 17 2010

Where the court had to assess what a banker would have concluded as to the valuation of certain shares, it was not appropriate to apply "loss of a chance" principles

Lloyds TSB Bank Plc v Markandan & Uddin meaning of “completion”

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • March 2 2012

Where the defendant firm of solicitors had caused, through no fraud of their own, mortgage monies paid to it to be paid out to fraudsters in breach of the terms of their instructions and authority, it had acted in breach of trust

Privilege

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • September 27 2011

The court has jurisdiction to order a solicitor to disclose his client’s contact details for the purposes of enforcing a committal order but the court shouldn’t make an order which might inhibit the client’s fundamental right to obtain legal advice

Solicitors’ duty of care

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • April 15 2011

A bank's loss due to the impecuniosity of the counterparties to swap transactions or their unwillingness to abide by the decision of the English court was not within the scope of the duty of solicitors who had advised erroneously on the capacity of the counterparties to enter into the transactions

Solicitors’ liability for breach of trust

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 24 2011

Where the defendant firm of solicitors had paid away mortgage monies to the vendors’ purported solicitors who did not exist in breach of the Council of Mortgage Lenders’ (CML) Handbook, they were liable to the lender for breach of trust

Solicitors’ breach of trust

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 25 2010

Where the defendant solicitors had caused, through no fraud of their own, mortgage monies paid to them to be paid out to fraudsters in breach of the terms of their instructions and authority, they had acted in breach of trust

Tomlin orders

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 4 2012

The court refused to rectify a Tomlin order where both parties were under the common mistaken assumption that the claimant bank had a charge in its favour to secure the defendant company's indebtedness