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There is no contract between the buyer's solicitors and the seller's solicitors and so there is no breach of contract. It is also well established that in virtually all cases, absent a contract there is also no concurrent duty in tort. This is why, unless there is fraud, the buyer's negligence claim against the seller's solicitors is doomed to fail. I have not seen a judgment yet but I cannot see any basis for a successful negligence claim against the seller's solicitors. It would be odd indeed if the buyer's solicitors were to be placed in a better position than the buyer. In submitting the transfer to HMLR Mischcons will have certified that the seller's solicitors have ID'd the seller. Before giving that certificate Mischcons should have checked that the sellers solicitors had done so. Unfortunately for Mischcons it appears they failed to do so and that is why they are liable to their client.

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