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21 October 2010 / Christopher Warenius
Issue: 7438 / Categories: Features , Property
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Ups & downs

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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