The LLS Resource

Position of briefing/update in Contents:

Chapter no.

Chapter 9

Title of chapter

Lawyer’s Negligence

Heading

negligence in practice: Conveyancing

Sub-headings

[1] Inadequate pre-contract checks

[2] Inadequate advice on planning

[3] Procedural errors

[4] Drafting

[5] Security and creditworthiness

[6] Legal Ombudsman and complaints concerning conveyancing

Details of briefing(s) to insert or paragraph(s) to substitute:

Insert new sub-heading after 9.130

[5A] Duty to the Land Registry

For Appendix:

 

 

 

Text of briefing/update:

[9.130/1]

When submitting documents to the Land Registry, for example with an application to discharge a registered charge, a solicitor (or any other conveyancing professional) makes an implied representation that he has taken sufficient steps to verify the genuineness of the documents and the accuracy of the information contained within them.[1] He therefore owes the Land Registry a duty to take reasonable care that his representations are true.[2]



[1]  Chief Land Registrar v Caffrey & Co [2016] EWHC 161 (Ch), at para 59.

[2]  Idem.