Lender Services Winter 2012

Lender Services Update - Barlow Robbins, Winter 2012
  
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Lender Services Update
In this issue:
What does the future hold for deductions from damages for contributory negligence in lender claims?
Valuers' duty of care in commercial valuations
Requests by Lenders for Conveyancing Solicitors' files
 


Lender Services Update

Our winter 2012 e-shot focuses on the decision at the end of last year in Paratus AMC Limited & RMAC 2005 NS1 PLC v Countrywide Surveyors Limited [2011] EWHC 3307 (Ch). We review the decision and consider what impact it might have on recoveries in professional negligence claims. We also highlight the impact of Scullion v Bank of Scotland plc [2011] EWCA Civ 693 - no investor in commercial property portfolios can afford to ignore this decision.

If you require any further information relating to any of the following, please do not hesitate to contact a member of the lender services team.

Catherine Fisher
Associate
Lender Services

The Paratus decision is of general interest to lenders who are bringing claims against valuers or solicitors and is of particular interest to those bringing claims in respect of loans made by GMAC RFC Limited, now Paratus AMC Limited.

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The Court of Appeal handed down an authoritative and coherent decision in Scullion v Bank of Scotland plc [2011] EWCA Civ 693 which is of relevance to investors considering buying commercial property portfolios.

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The Law Society has issued a practice note on requests by lenders for copies of their conveyancing solicitors files, which ought to make it easier to obtain them where the borrower has given his written consent.

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