ENSafrica failed in its duty of care when it failed to warn a house buyer about the threat posed by hackers, says a judge.
Instead of landing in the law firm’s trust account, Hawarden’s money ended up in the account of one of the hackers, and swiftly disappeared. “But for the negligent transmission of its account details and failure to warn Hawarden upfront of the inherent danger of business email compromise, she would not have suffered the loss,” he said.
Even though evidence in court showed that in 2019 it was a “near-universal” practice for conveyancers to send their banking details by email, “it does not absolve [ENS] of its unsafe behaviour”. After deciding on a house in Forest Town, she paid a R500,000 deposit to Pam Golding Properties in May. Three months later, the hackers began to intercept her emails with ENS conveyancing secretary Eftyhia Maninakis, one of which had a PDF attachment with the firm’s bank account details.
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