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17 January 2008
Issue: 7304 / Categories: Features , Legal services , Insurance / reinsurance , Commercial
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A Damoclean sword

How vulnerable is the legal profession to lenders’ claims? ask Mike Willis and Charles Bending

Many professionals (and their insurers) will recall the multitude of claims and losses that flowed from the property crash in the early 1990s, primarily by lenders thwarted in their mortgage recoveries by fraud, overvalued securities or wrongful legal advice and documentation.

A fresh slow-down or even recession of the property market seems now to be in sight. The meltdown of the US sub-prime market has had worldwide knock-on effects, spectacularly so in Britain, with the well publicised crisis at Northern Rock reportedly due to its overexposure to high risk lenders. Meanwhile interest rates have risen, restricting the supply of money; the availability of low cost housing is falling; and various forces squeezing returns in the rental markets are reducing the attraction of buy-to-let mortgages and investments.
 

MORTGAGE FRAUD

Mortgage fraud has not yet been seen on the same scale as the 1990s, but an upsurge has been reported in the US, and the UK market-place is already rife

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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