A shortage is emerging of experts to defend against the raft of claims expected next year as the credit squeeze continues.
The warning comes from professional liability specialists at law firm Browne Jacobson. Nik Carle, partner at the firm's Nottingham office, said: "It looks increasingly likely that 2008 will mark a renewed period of recrimination and claims-making in the secured lending sector - and this will demand the use of experts to advise courts and litigants on the prudence, or otherwise, of past lending criteria.
"Come January, those post-party blues will be biting harder than they have for many years. The Council of Mortgage Lenders will have published its latest figures on repossessions by then and the outlook is bleak, to say the least."
Browne Jacobson is predicting that lending practice advisers will be particularly sought after in the New Year, as the pool of available expertise in the discipline is small.
According to the firm, it will be the sub-prime and impaired credit markets that will yield the greatest number of claims over the next 12 months. As more and more borrowers default on these loans, so the pressures will mount on lenders to maximise recoveries against their security.
Those recovery actions, whether they take the form of professional negligence or other claims, are bound to require some 'opening up' of lenders' internal procedures for challenge.
Mr Carle continued: "One of the key features surrounding the next claims phase is the
newness of the type of lending we have seen in recent years. Once that 'opening up' process begins, it will become apparent that there is no real guide available for what amounts to appropriate sub-prime lending practice and what does not.
"In the 1990s, when we had the last flood of lender litigation, nobody was lending in quite the same 'easy' manner and accordingly, there is not much of a directly comparable track record to work from today.
"This is where the demand for good lending practice experts really comes in. They have a golden opportunity to help shape the law in this new era. Lawyers, judges, arbitrators, ombudsmen and mediators are all going to be looking to experts for a steer on whether particular cases fall above or below the line of acceptability."
He also advises lenders to use an expert as a 'private adviser' in the first instance, for an early 'warts and all' view about the merits of a case.
With so many lending transactions predicted to falter, well-positioned experts could be in for a busy and lucrative time over the next year, he believes.
Meanwhile a local commercial dispute specialist is advising bosses to review their credit control practices before their businesses are put in jeopardy by the effects of the global credit crunch.
Martin de Ridder at Midlands solicitors Ansons says difficulties within the finance sector are set to create a domino effect for businesses as well as individuals.
He said: "Tougher banking conditions means that money will be much harder to come by in the months ahead. This will curtail companies' plans for growth and investment and in turn create a squeeze throughout the business chain."
According to Mr de Ridder, small businesses may be particularly vulnerable if they do not pay close attention to their credit control policies.
He said: "It can be all too easy to concentrate on day to day matters such as sales, production and logistics but cash flow is king and by taking steps now, a company can reduce its exposure to risk of bad debt."
