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23 November 2012 / Adrian Kwintner
Issue: 7539 / Categories: Features , Professional negligence
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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

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MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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