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20 August 2015
Issue: 7666 / Categories: Legal News
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Duped holiday home owners to get their money back

Thousands of owners and investors who were the subject of either bogus or failed holiday home developments abroad will be able to recover their losses in full after a High Court ruling last month.

The decision in AIG Europe v OC320301 LLP & Ors is a blow for insurers who have argued for some years that clients of law firms which breach their obligations to them are only entitled to a small proportion of their loss because the claims are all aggregated within the minimum cover of £3m. 

David Greene, Edwin Coe litigation partner and NLJ consultant editor says that the threat of this argument usually forces consumers into accepting low offers from the insurers.

“The court has decided, however, that the insurer’s argument is wrong and the clients of law firms are entitled to the cover of £3m each allowing them to make a full recovery of their loss. This is great news for consumers and a real blow for the insurers. 

“It’s so often the classic tale of the dream home turning into a nightmare for purchasers. In the Giambrone case, in which the court has recently found the lawyers liable to its clients, the developments being sold turned out to be the subject of a conspiracy between the IRA and the Calabrian mafia.”

Issue: 7666 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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