Lawyers, lenders and buyers

Article Abstract:

The case of Nationwide Building Society v Balmer Radmore, on which the UK High Court recently ruled, clarified reporting requirements on solicitors acting for both the lender and the borrower in a mortgage transaction. One of the controversial issues in this case was whether the building society's claim for compensation for breach of fiduciary duty should be cut to reflect the level of the lender's own negligence. It was established that, where a breach of fiduciary duty has taken place and the solicitor has been disloyal to the lender, the solicitor cannot assert that the lender contributed to its own loss by its own fault.

Cases, Fiduciary duties

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Look before you buy or sell

Article Abstract:

Issues concerning regulations imposed by the Financial Services Act in the sector of real estate investment funds are discussed. Particular attention is given to rules of operating and establishing investment schemes in the United Kingdom.

Laws, regulations and rules, Real estate investment, Real estate investments

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