![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Queen's Bench Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just ยฃ5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Adams & Ors v Atlas International Property Services Ltd & Ors [2017] EWHC 401 (QB) (02 March 2017) URL: https://www.bailii.org/ew/cases/EWHC/QB/2017/401.html Cite as: [2017] EWHC 401 (QB) |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
ROGER KEITH ADAMS and Others |
Claimants |
|
- and |
||
ATLAS INTERNATIONAL PROPERTY SERVICES LIMITED and Others |
Defendants |
____________________
Peter Knox QC (instructed by Carter Lemon Camerons LLP) for the Claimants
David Turner QC and Ben Smiley (instructed by Alberto Perez Cedillo) for Miguel มngel Aroca Seiquer and Aroca Seiquer & Asociados SL
Hearing dates: 13 January 2017
____________________
Crown Copyright ©
Mr Justice Lavender:
(1) Mr. & Mrs. Hope and Mr. & Mrs. Whyte: Interest
(2) Mr. & Mrs. Whyte: Quantum
(3) Mr. & Mrs. Hope: Quantum
(1) The figures in paragraph 134(1) of my Judgment came from an email of 6 November 2013 from Mr. & Mrs. Hope's Spanish lawyers. However, that email also indicated that there were notary fees, taxes and land registry fees still to be paid. So the figure of 37,502.25 appears to be too low.
(2) The figure of 43,676.41 was given by Mr. Hope in his witness statement dated 24 September 2016, but no documents were disclosed in support of it. He explained at trial that the difference between the two figures was made up of Spanish solicitors' fees.
(3) In cross-examination, he said that he had full invoices and that there was another email. However, these documents were not disclosed. He had given a different figure in an earlier statement, which is acknowledged to have been wrong.
(4) It appears from the email of 6 November 2013 that the figure of 43,676.41 was the amount paid by Mr. & Mrs. Hope on account to the Spanish lawyers. Mr. Hope did not say, and it was not suggested to him, that any of this amount was repaid.
(1) As in the case of Mr. & Mrs. Whyte, so in the case of Mr. & Mrs. Hope, paragraph 134 of my Judgment did not include all of the fees and other sums paid by the relevant Claimants in order to secure title to their Property.
(2) On the balance of probabilities, I find that Mr. & Mrs. Hope paid 43,676.41 to their Spanish lawyers, that none of this amount was returned to them and that all of it was spent either on the items referred to in paragraph 134(1) of my Judgment or on other fees or costs necessary for securing title to their Property.
(4) Costs
(5) Payment on Account of Costs