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The blame game

23 November 2012 / Adrian Kwintner
Issue: 7539 / Categories: Features , Professional negligence
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Adrian Kwintner reviews causation defences in mortgage lender claims

Recent cases on lender claims have seen professionals rely on causation defences to escape liability despite clear breaches of their duties. These cases vividly demonstrate that even where negligence is established, the lender must still show that it would have acted differently had it been properly advised by the defendant. Otherwise, the claim will fail. Although the cases were decided on very specific facts, they provide welcome news for solicitors and surveyors, and their insurers, facing a torrent of lender claims over recent years.

Surveyors saved by underlying fraud

The High Court case of Platform Funding Ltd v Anderson & Associates Ltd [2012] EWHC 1853 (QB) arose out of a large fraud between 2005 and 2006 in which a Mr Barrie had purchased all 84 flats in a new development at a significant reduction. He then sold the flats on to sub-prime borrowers at prices significantly above the market price. Valuers were misled into providing over-valuations using false comparable data manufactured by Barrie. The

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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