Case details

Lovering and another (Respondents) v Atkinson and others (Appellants) (Guernsey)

Case ID: JCPC 2018/0100

Jurisdiction: The Court of Appeal of Guernsey

Case summary

Issue(s)

On a correct construction, was there a defect in the Respondents’ title to a residential property so as to make the Appellant liable to the Respondent?

Facts

The Appellants were the Respondents’ legal advisors and conveyancers when the Respondents were purchasing a property ("La Roche Douvre") in early 2009. The Respondents purchased La Roche Douvre from Mrs Harrison ("the 2009 Conveyance"). In 1984 Mrs Harrison had conveyed part of La Roche Douvre’s land to a neighbouring third party ("the 1984 Conveyance"). The question on appeal is whether, on a correct construction, the 1984 Conveyance included part of La Roche Douvre’s driveway. If so, that would mean that the Respondents did not have legal title over the full driveway leading to La Roche Douvre. Arguably this renders the 2009 Conveyance subject to a defect, for which the Appellant may be liable.

Parties

Appellant(s)
  1. Peter John Granville Atkinson
  2. Mark Gerard Ferbrache
  3. Paul Richardson
Respondent(s)
  1. Richard Anthony Baker Lovering
  2. Christine Anne Lovering

Appeal

Justices

Lord Hodge, Lord Wilson, Lady Arden, Lord Kitchin, Lord Sales

Hearing start date

31 Mar 2020

Hearing finish date

31 Mar 2020