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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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