Securitisation claims

There have been surprisingly few claims arising out of securitisation but the case of Titan Europe 206 – 3plc v Colliers International UK Plc (in liquidation) may open a way for securitisation disputes because it was the first successful negligence claim to be brought against a valuer in the context of a securitised loan. The fact that the SPV was allowed to make the claim because it was held to have suffered loss and to have relied on the valuation is a significant departure. In particular, the court’s reluctance to prevent the claim on the grounds that the SPV was “non-recourse” may facilitate similar claims in the future.

In February 2015, Janine Alexander and Robin Henry led our seminar on “Commercial Real Estate Finance – Securitisation” which included contributions from Peter Cosmetatos, the CEO of the Commercial Real Estate Finance Council, Europe and Raymond Cox QC of Fountain Court Chambers.

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