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PLATFORM FUNDING v MILLER PARRIS SOLICITORS

Summary judgment on the issues of breach of contract and breach of duty was granted in a claim for damages brought by a mortgage lender against a firm of solicitors which had failed to report a restrictive covenant that might reasonably be expected to be material in the sense of adversely affecting the value of the property and its future marketability. Permission to defend on whether any loss was caused by the breach and the extent of that loss was granted.

23 April 2012

The claimant mortgage lender (C) applied for summary judgment against the defendant firm of solicitors (D) in a claim for damages for breach of contract and/or negligence arising out of a mortgage transaction.

D had acted for both for the borrower (J) and for C in relation to a leasehold property. D reviewed the lease and found that it contained no provision which imposed a material restriction on occupation or the effect of which might influence C’s decision to lend. The lease was a sub-lease and J’s landlord was a company (S). A dispute arose between S and J as J was in arrears of ground rent and service charge and had sub-let the flat to a tenant whose behaviour had led to the police being called. S obtained a determination from the Land Valuation Tribunal that J was in breach of a restrictive covenant by allowing the flat to be occupied by persons who were neither his family nor members of his household. S served notice of intention to forfeit and C agreed to pay the ...

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