The Litigation team in Cantillons Solicitors represented a businessman who had bought a property previously owned by the struck off Dublin Solicitor Michael Lynn. The businessman was represented by a different Solicitor in the purchase. Unfortunately Mr. Lynn had double and, in fact, treble-mortgaged the property without disclosing it. Thus, the businessman did not obtain title. The businessman instructed Cantillons Solicitors to pursue a claim for damages against his Conveyancing Solicitor, on the basis that his Conveyancing Solicitor did not investigate title. Cantillons prosecuted this case before the Commercial Division of the High Court successfully. After a day’s initial hearing the case was ultimately settled for a significant six figure sum on the 8th May 2012.
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* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.