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Groundsure now sole provider of Cheshire Brine Report

31/5/2018

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From 1st June 2018 the Coal Authority will no longer incorporate a Cheshire Brine Search within its CON29M Coal Mining Report.

The Cheshire Brine Subsidence Compensation board has updated the content of the report and renamed it the Cheshire Salt Report

The new report will be produced by Groundsure and will indicate;

  • Whether the property is situated within the Compensation District;
  • Whether the property is within a Consultation Area prescribed by the Cheshire Brine Board under the provisions of section 38(1) of the 1952 Act;
  • Whether a Notice of Damage has been filed in respect of the property and, if so, whether the claim was accepted and, if so, how the claim was discharged;
  • Whether the claims in respect of the property have been commuted by a once and for all payment of compensation;
  • Whether the compensation provisions of the 1952 and 1964 Acts would apply should the property be affected at some future date by subsidence due to brine pumping;
  • Whether there is a known historical brine well or shaft within 20m;
  • Whether recorded subsidence features are within 50m of the property;
  • Whether the property is within 200m of a planning consent of a brine extraction by controlled pumping;
  • Whether there any current or proposed uncontrolled brine pumping within 3kms of the property;
  • Whether a property is in an area underlain by a historical salt mine;
  • Whether the property is within an area designated to be within the GS7 Planning Policy Boundary;
  • Whether there is planning consent for rock salt extraction by underground mining within 120m of the property.

For more details, or a sample report, please contact James Ferguson at james@x-presslegal.co.uk

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Dreamvar reaction: Conveyancers face insurance premium hikes

16/5/2018

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Conveyancers are facing higher professional indemnity insurance (PII) costs – and their clients higher fees as a result – due to yesterday’s Court of Appeal ruling in Dreamvar, experts have predicted.

The case, which involved identity fraud on the part of the purported seller, saw both his solicitors and the buyer’s solicitors held liable to the buyer for breach of trust.
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Jonathan Sachs, a litigation partner at national firm Irwin Mitchell, said: “This judgment will provide greater protection to buyers, but will shake up the conveyancing industry with much greater risk of liability.

Read the full Legal Futures article here


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Appeal rules against seller's solicitors in crucial Dreamvar liability case

16/5/2018

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Solicitors representing fraudulent property vendors should share responsibility along with those representing the duped buyers for any resulting losses, the Court of Appeal has ruled in a widely awaited decision. 

Lord Justice Patten today partially upheld an appeal in Dreamvar v Mishcon de Reya from solicitors of buyers who had transferred thousands of pounds to fraudsters posing as property owners. The court ordered both firms involved, Mishcons and national firm Mary Monson Solicitors, to make financial contributions.
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In the same appeal, following P&P Property Limited v Owen White & Carlin LLP, vendors’ solicitors were also held liable for their fraudulent client and ordered to repay the money buyers had paid.

Read the full Law Society Gazette article here

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Key rulings on property fraud liability rulings due this week

14/5/2018

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Key judgements on solicitors’ liability for property transactions hijacked by fraudsters are set to be handed down this week.

The Court of Appeal is due to give judgment tomorrow in Dreamvar (UK) Limited v Mishcon de Reya and P&P Property Limited v Owen White & Catlin LLP.

At stake is the issue of who should bear the financial burden where fraudsters have posed as sellers to complete a property purchase, then diverted funds transferred by the buying party.

In Dreamvar, City firm Mishcon de Reya challenged a High Court order for it to pay more than £1m after its client was deceived into buying a property from the fake vendor.
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Read the full Law Society Gazette article here

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May 14th, 2018

14/5/2018

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Unregulated online legal services company Rocket Lawyer receives waiver to employ solicitors

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Unregulated online legal services company Rocket Lawyer has received a waiver to allow practising solicitors to advise its clients, Legal Futures has revealed.

Mark Edwards, senior vice-president and general manager of Rocket Lawyer UK, said its three consultant solicitors advised their first clients last month.

He said he had been speaking to the Solicitors Regulation Authority (SRA) about the possibility of offering regulated advice “for a couple of years”.

Last summer, the SRA’s board approved a rule change allowing solicitors to practise from unregulated firms, but it is not expected to be introduced until late 2019.

​Read the full Legal Futures article here

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Now Wales looks set to introduce fees ban legislation ‘imminently’

14/5/2018

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A draft Bill to introduce a fees ban in Wales looks set to be published imminently, ARLA Propertymark has said.

click here to read the full Property Industry Eye article
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