Stoffel & Co v Grondona [2018] EWCA Civ 2031 (13 September 2018)

The illegality principle does not bar Ms Grondona's claim against Stoffel & Co for solicitor negligence, as denial would be disproportionate and contrary to public policy; damages are limited to the value of the property at the time of breach, not ongoing mortgage liability.

Citation: [2018] EWCA Civ 2031
Parties: Appellant / Cross Respondent: Stoffel & Co; Respondent / Cross Appellant: Ms Maria Grondona
Jurisdiction: England and Wales
Judgment Date: 13 September 2018
Procedural Posture: Appeal From County Court (part 20 Claim) / Court of Appeal Judgment
Outcome: Appeal and cross-appeal dismissed; claimant permitted to recover damages for solicitor negligence.
Legal Topics: Illegality Defence, Mortgage Fraud, Solicitor Negligence, Damages Assessment, Land Registration

Tort Contract Property Law Professional Negligence Illegality Defence Mortgage Fraud Solicitor Negligence Damages Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2

Parties

Stoffel & Co

Appellant / Cross Respondent

Ms Maria Grondona

Respondent / Cross Appellant

Procedural Posture

Appeal From County Court (part 20 Claim) / Court of Appeal Judgment

Legal Issues

1 Does the illegality principle (ex turpi causa) bar recovery for solicitor negligence in a mortgage fraud?
2 What is the correct method for calculating damages in solicitor negligence involving failed property registration?

Ratio Decidendi

Court Disposition

Appeal and cross-appeal dismissed; claimant permitted to recover damages for solicitor negligence.

Orders

Stoffel & Co's appeal dismissed.
Ms Grondona's cross-appeal dismissed.