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13 February 2015 / Caterina Yandell
Issue: 7640 / Categories: Features , Property
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Keeping afloat

yandell

As post financial crisis claims against valuers decline Caterina Yandell forecasts the next wave of cases

In the run up to the general election, property pundits are attempting to predict the effects of the uncertainty on the market. No doubt they are also concerned by events elsewhere in Russia and Europe, in general. What no one wants is a return to 2008—the effects of which are still even now being felt in the valuation industry. During the course of 2007 there had been a huge growth in lending against development sites. By 2008 many of these sites had suffered substantial reductions in value—leaving the loans secured against them “underwater”. This in turn produced a surge in claims against valuers. Although the last of these are now working their way through the courts, the profession and its insurers are still reeling. Last year produced a rash of cases where the courts provided some balance on the division of responsibility between bank and valuer. However, to some at least it appears that the courts approach remains weighted

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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