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Solicitor – Duty. The claimant's predecessor, Abbey, and a borrower instructed the defendant solicitors' firm to act in connection with the purchase of a property. The purchase price was paid to another solicitors' firm and was lost. Abbey issued proceedings against the defendant for breach of trust. The judge concluded that the defendant should be wholly relieved from liability, under s 61 of the Trustee Act 1925. Abbey appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the defendant's failures had been unreasonable and sufficiently connected with Abbey's loss such that it would not be fair to excuse the defendant from liability.
Solicitor – Duty. The claimant's predecessor, Abbey, and a borrower instructed the defendant solicitors' firm to act in connection with the purchase of a property. The purchase price was paid to another solicitors' firm and was lost. Abbey issued proceedings against the defendant for breach of trust. The judge concluded that the defendant should be wholly relieved from liability, under s 61 of the Trustee Act 1925. Abbey appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the defendant's failures had been unreasonable and sufficiently connected with Abbey's loss such that it would not be fair to excuse the defendant from liability.
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