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Case Study: Alternative Dispute Resolution in the Property Sector
We were instructed by over 20 individuals who had been sued by a property developer claiming specific performance. It was alleged that our clients had failed to complete the purchase of properties in a residential development and the claimant was seeking an order from the court that our clients be forced to complete the purchase. Many of our clients, because of the dire state of the property market, were simply unable to obtain a mortgage to purchase the properties. They could not complete their purchase even if they had wanted to. The claims then threatened dire financial consequences for these clients. Our clients alleged substantial lack of physical completion of the properties in their defence.
This case was referred to us by another property litigation department in Manchester who were not able to act because of a conflict of interest.
A QC was instructed and the case involved complex issues of fact and law. However, well before the case came up for trial, we represented all of our clients at a multi-party mediation. This mediation resulted in all of the claims against our clients being settled on favourable terms at mediation. Our clients were grateful to avoid the ordeal of trial and to have their dispute resolved by mediation.
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Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency