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The position of the law society to intervene is plainly correct. Where there is no negligence or dishonesty then the purchaser's solicitor should not be found to blame; if he is then such will have drastic consequences for the insurers who will quite simply have to load premiums for a risk that cannot be managed. If any party is responsible then surely it has to be the vendor's solicitor who in reality can be the only party to manage this risk?

If Dreamva's solicitor has been dishonest should MdR still be liable due to this strict liability?

Question though for Frank. The insured firm of course has to pay the excess, but would the insurers really seek to punish the firm when it had done nothing. You appear to be saying that a claim of this sort could be catastrophic for the small claim. Are you really saying the small firm is one claim away from being unviable?

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