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Ups & downs

21 October 2010 / Christopher Warenius
Issue: 7438 / Categories: Features , Property
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Loss of profit on a sub-sale: who pays? Christopher Warenius reports

There are some signs that the downturn in the property market following the credit crunch in 2008 and 2009 is coming to an end. However, that downturn led to an upturn in property litigation, which is still very much ongoing as cases reach trial after a year or more of preparation.

One of the most obvious symptoms of the downturn was the large number of new build properties that could not be sold. Many developers faced purchasers who were unable to complete because they could not obtain mortgage funding to do so or who were otherwise unwilling to complete. 

While traumatic for the buyers and sellers involved, these cases have raised some interesting issues for lawyers. Liability is generally not much of an issue in these cases. The wriggle room for both parties comes in the area of quantum. How do you assess what the Defendant should pay?

The basic principles relating to damages for failure to complete are relatively straightforward. The Defendant

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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