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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll