Are SLR suggesting that the Bank who acted as guarantor for the development is not ultimately responsible for adequately administering and safeguarding all deposited monies, as required by law with all due inalienable rights protected? Or are they not prepared to spend time and energy to follow through the detail relating to the "passage of monies" between developer and Bank?
Bottom line is that Banks are surely ultimately responsible to ensure they set in place all necessary and effective administrative/safeguarding mechanisms between developer and Bank such that all offplan deposits were directed to special accounts and fully protected according to Bank Guarantee law......
It's so important that claimants use expert specialised law firms who are fully aware and conversant with the myriad of Bank's ploys, and committed to fighting for claimants' rights, those who remain fully aware of Banks' continuing attempts to deny their legal responsibilities going forward.
Not to mention the need to remain aware and appropriately respond to Banks endeavours to play the system of delays to their advantage, as they continue to flood the system with appeals at every opportunity, thus delaying SC doctrine so necessary to eliminate them exploiting any outstanding "elements of doubt" which can impact award of costs and correctly backdated interest.
Risks remain so long as some judges issue "inconsistent rulings" (as opposed to the majority who thankfully recognise Bank's responsibilities according to clarified law), and prefer to wait until such time as FULL SC doctrine is achieved (i.e. two SC rulings on the exact same point of law), with regard to the award of backdating of interest to date of deposit. This can also impact the award of costs so long as any continuing element of doubt exists.
For this reason it becomes essential that the SC now provide timely doctrine on this issue of backdating of interest, and that all "inconsistent rulings" and Banks' challenges of this nature are fully understood and monitored by good law firms going forward.
Kavanagh,
In the early days some law firms were obstructive to making provision of financial details required to proceed against the Banks for a whole host of reasons.... some remained in "ignorance" of Bank Guarantee law at that time suggesting it was impossible to achieve return of monies, some were concerned that their own lack of due diligence could be exposed, some were intent on purely delaying provision of details since the client had moved to those more specialised law firms, some were not independent of developers etc and had conflict of interests, so it was not so black and white as you might think.
This message was last edited by ads on 09/04/2018.