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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

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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