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A Damoclean sword

17 January 2008
Issue: 7304 / Categories: Features , Legal services , Insurance / reinsurance , Commercial
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How vulnerable is the legal profession to lenders’ claims? ask Mike Willis and Charles Bending

Many professionals (and their insurers) will recall the multitude of claims and losses that flowed from the property crash in the early 1990s, primarily by lenders thwarted in their mortgage recoveries by fraud, overvalued securities or wrongful legal advice and documentation.

A fresh slow-down or even recession of the property market seems now to be in sight. The meltdown of the US sub-prime market has had worldwide knock-on effects, spectacularly so in Britain, with the well publicised crisis at Northern Rock reportedly due to its overexposure to high risk lenders. Meanwhile interest rates have risen, restricting the supply of money; the availability of low cost housing is falling; and various forces squeezing returns in the rental markets are reducing the attraction of buy-to-let mortgages and investments.
 

MORTGAGE FRAUD

Mortgage fraud has not yet been seen on the same scale as the 1990s, but an upsurge has been reported in the US, and the UK market-place is already rife

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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