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19 November 2009 / Katherine Rees
Issue: 7394 / Categories: Features , Property
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Expensive mistakes

Katherine Rees examines risks arising from property transactions

I suspect that, if you were to ask a lawyer in the throes of a large transaction what part of the deal featured in their nightmares, he or she would be most spooked by the fear of getting the intricacies of a complex provision wrong.

However, as recent cases have shown, claims are just as likely to arise from oversights or simple (but potentially expensive) mistakes as they are from subtle errors of legal analysis or judgment.

The economic crisis gives rise to its own particular claims, specifically those brought by lenders against solicitors and valuers, which tend to centre round the professional’s alleged failure to report information which would have affected the decision to lend.

While those claims abound, the more traditional claims against property lawyers also continue. Indeed, they look set to increase as mistakes made in the good times come to light during the downturn.

In this article I have selected three perennial sources of problems for solicitors which the courts have had to

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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