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FRAUD: A breaking wave?

01 April 2011  

Peter Dodge discusses the potential for increased litigation and the themes that may emerge

It is a truism that cyclical falls in property prices following periods of excess tend to lead to cyclical increases in mortgage-related litigation. While only some of this litigation will concern fraud, there is a widespread perception that dishonest schemes were particularly prevalent during the property bubble that ended in 2007.

Additional Info

  • Case(s) Referenced:

    Bank of Scotland v Hussain [2010] EWHC 2812 (Ch)

    Barclays Bank Plc v Guy [2008] EWCA Civ 452

    Bristol and West Building Society v Fancy & Jackson [1997] 4 All ER 582

    Cheltenham & Gloucester plc v Appleyard [2004] EWCA Civ 291

    Commercial Acceptances Ltd v Sheikh (unreported) 22 June 2001

    First National Securities Ltd v Hegerty [1985] QB 850

    Guy v Barclays Bank plc [2010] EWCA Civ 1396

    Law Society of England & Wales v Habitable Concepts Ltd [2010] EWHC 1449 (Ch)

    Law Society of England & Wales v Isaac & Isaac International Holdings Ltd [2010] EWHC 1670 (Ch)

    Nationwide Building Society v Balmer Radmore [1999] PNLR 606

    Nationwide Building Society v Dunlop Haywards (DHL) Ltd (t/a Dunlop Heywood Lorenz) & anor [2009] EWHC 254 (Comm)

    Pulvers v Chan & ors [2007] EWHC 2406 (Ch)