header-logo header-logo

23 November 2012 / Adrian Kwintner
Issue: 7539 / Categories: Features , Professional negligence
printer mail-detail

The blame game

Adrian Kwintner reviews causation defences in mortgage lender claims

Recent cases on lender claims have seen professionals rely on causation defences to escape liability despite clear breaches of their duties. These cases vividly demonstrate that even where negligence is established, the lender must still show that it would have acted differently had it been properly advised by the defendant. Otherwise, the claim will fail. Although the cases were decided on very specific facts, they provide welcome news for solicitors and surveyors, and their insurers, facing a torrent of lender claims over recent years.

Surveyors saved by underlying fraud

The High Court case of Platform Funding Ltd v Anderson & Associates Ltd [2012] EWHC 1853 (QB) arose out of a large fraud between 2005 and 2006 in which a Mr Barrie had purchased all 84 flats in a new development at a significant reduction. He then sold the flats on to sub-prime borrowers at prices significantly above the market price. Valuers were misled into providing over-valuations using false comparable data manufactured by Barrie. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll