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You Can’t Always Get What You Want: lenders, breach of trust and Target revisited

Hard on the heels of the important Court of Appeal decision in Santander v RA Legal last month, Grant Crawford and Peter Dodge will explain the principles underlying breach of trust claims against conveyancing solicitors where lenders have advanced money but have not obtained the legal charge they wanted.

Target v Redferns (decided by the House of Lords in 1995) alerted lenders to the possibility of seeking trust based remedies in these circumstances. Recently, there has been a steady stream of decisions (both in the High Court and the Court of Appeal) considering and applying Target, often in cases of identity fraud involving the impersonation of vendors or their solicitors.

Grant Crawford and Peter Dodge will analyse and explain what was actually decided by Target, the basis on which mortgage or purchase money is held by solicitors acting for lenders or cash buyers pending completion and the legal consequences of its dissipation.

What Grant and Peter have to say about Target, Santander and other similar cases should be of particular interest to those advising lenders and insurers as well as to property litigators generally.

Grant Crawford appeared for the Defendant solicitors in Target Holdings Ltd v Redferns [1996] AC 421

Peter Dodge appeared for the Claimant purchaser in Ikbal v Sterling Law[2013] EWHC 3291 (Ch); [2014] PNLR 9

This seminar will take place in the Old Court Room, Lincoln’s Inn, at 6:30pm on Tuesday 18th March 2014. It is fully accredited as one hour’s CPD.

It will be followed by an informal drinks reception.

If you would like to attend please email: events@radcliffechambers.com,  alternatively you can sign up by completing the Seminar Registration form.