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The Court below already found that there was no professional negligence on the part of either side's solicitors and the buyer's solicitors became liable simply because they had assumed fiduciary duties as trustee of the purchase monies not to give them to anyone other than the true owner of the property in consideration for the transfer of the property (which they breached when they gave the money to a fraudster). By clearly outlining the extent of their trusteeship and liability and offering to help arrange insurance for the buyer, surely a buyer's solicitor should be able to avoid liability in this scenario. Hopefully the Court of Appeal judges will feel able to give obiter guidance in this regard (unless the appeal is upheld, in which case solicitors are off the hook).