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19 November 2010 / Michael Garson
Issue: 7442 / Categories: Opinion , Property
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HIP lessons

The history of the HIP is a lesson in how not to make policy...

Michael Garson casts a wry eye over the politics & history of HIPs
The history of the HIP is a lesson in how not to make policy. The project started with the ambition to rid the world of gazumping and the diagnosis was that the delays in exchanging binding contracts lay at the heart of this problem. The mischief was believed to rest with sellers who spent no money on marketing the property for sale while buyers, under the doctrine of caveat emptor, had to do the legwork and bore costs at all stages.

The plan was to accelerate the information made available to buyers so that contracts could be signed quickly once a property was identified and price agreed. The driving imperative was that the cost of the exercise should fall on the seller. This was unpopular and a disincentive for sellers to market speculatively. 

The fundamental defect in government thinking from the start until too late was the belief that

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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