By Sandip Singh

Economic uncertainty and declining markets give rise to failed investments and negative equity. Failed investments and negative equity give rise to varied and ever-more ingenious attempts on the part of claimants to look to third parties – often lenders or professionals – to recoup their losses.

In view of uncertainty and potential turbulence in the markets in the months and perhaps years to come, it will be reassuring for lenders and other potential target defendants to know that the courts are likely to maintain the distinction between commercial and non-commercial cases, and they are unlikely to entertain claims which push the scope of legal duties and liabilities beyond the boundaries of established authority.