Lenders invariably rely on advice from professional advisers when making their lending decisions. Unfortunately, sometimes that advice can turn out to be negligent. Our team can work with lenders to bring claims against negligent professional advisors, including solicitors and valuers. We currently act for two well-known high street banks, amongst others.
As well as Court proceedings, we can advise you on alternative dispute resolution procedures and have considerable experience of successfully mediating these types of dispute.
We also advise lenders on allegations of fraud and on recoveries work, including claims for repossession of property.
Our experienced team is led by Rory Mac Neice who has practiced in this area since the 1990s and worked on the Managed Litigation Projects brought by major building society lenders which were tried in the late 1990s. Senior Associate Chris Freeman, who has specialised in professional negligence lender claims since qualification in 2011, has also spent time on secondment with a major UK banking group and is well versed in the internal considerations brought to bear by lenders when bringing such claims, as well as in working with the various internal stakeholders often involved.
High Court considers whether duty of care owed by lender and valuer
In a decision which, somewhat unusually, provides comfort for both lenders and valuers (who are often on opposing sides of litigation), the Circuit Commercial Court has found in favour of Santander and BNP Paribas and disposed of the Claimant's claims against them summarily.
Find out moreThe importance of expert evidence in professional negligence claims
The recent case of Avondale Exhibitions Limited -v- Arthur J. Gallagher Insurance Brokers Limited [2018] EWHC 1311 (QB) has provided a salutary reminder of the fundamental importance of adducing expert evidence in almost all professional negligence cases.
Find out moreProfessional negligence update: Supreme Court rules on Tiuta v De Villiers
The much anticipated judgment of the Supreme Court in Tiuta International Limited (in liquidation) v De Villiers Surveyors Limited [2017] UKSC 77 was handed down on 29 November 2017 by Lord Sumption.
Find out moreCourt of Appeal decision serves as a reminder of the importance of the scope of solicitor's retainer
The Court of Appeal has recently handed down its unanimous decision in the professional negligence case of Lyons -v- Fox Williams LLP [2018] EWCA Civ 2347.
Find out moreIdentifying professional negligence lender claims - the what, how and why
Chris Freeman, a senior associate in Ashfords' Dispute Resolution team, explores how lenders can seek to maximise recoveries from their loan books by being alive to the red flags of professional negligence.
Find out moreThe value of mediation in resolving commercial disputes
Mediation has now become widely accepted as an effective means of resolving commercial disputes, both amongst the legal profession itself and increasingly amongst clients involved in the litigation process.
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