- Court considers pre-contract inquiries and duties to prospective buyers (Francis v Knapper)
- Original news
- What practical implications might this decision have?
- What are the common issues in this area of law and did the decision help clarify this area of law?
- Does the decision take the existing law on misrepresentation (particularly the liability of a seller’s solicitor) or deceit any further?
- Are there any remaining grey areas, or could the decision have any unintended consequences?
- What should lawyers take note of?
- What are the trends in this area of law? Do you have any predictions for the future?
Property analysis: In Francis v Knapper the High Court considered the circumstances in which a solicitor’s personal interests can cross over with his professional duties and confirmed that when providing replies to enquiries, a seller, or its representative, has to be aware that careless (but not actively dishonest) responses may still leave open a claim of negligent misrepresentation, or even deceit. James Sutherland, Partner at Burges Salmon, looks at the details of this case.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial