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In a mixed decision for lenders, the recent Court of Appeal decision in Houssein & ors v London Credit Limited & ors has confirmed the applicable test in determining whether a default interest rate constitutes an unenforceable penalty and whether the standard interest rate can still be recovered following default if the default rate is not enforceable.
The recent High Court decision in Bratt -v- Jones [1] provides a helpful reminder of how to approach the question of liability in valuer negligence cases, an area in which there is an extensive but at times inconsistent body of case law. Background summary Mr Jones provided a valuation of a large residential development site (the Site) of £4.075m.
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