Adams & Ors v Atlas International Property Services Ltd & Ors [2017] EWHC 401 (QB) (02 March 2017)

Adams & Ors v Atlas International Property Services Ltd & Ors [2017] EWHC 401 (QB) (02 March 2017)

Interest runs from the date the mortgage or associated fees were actually paid; quantum for Mr. & Mrs. Whyte is €54,721.37 by agreement, for Mr. & Mrs. Hope is €43,676.41 based on balance of probabilities; Sr. Aroca to pay 80% of claimants' costs including post-13 January 2017 costs; no increase in payment on account for VAT.

Citation
[2017] EWHC 401
Parties
Claimants: Roger Keith Adams and Others; Defendants: Atlas International Property Services Limited and Others; Defendants: Miguel Ángel Aroca Seiquer and Aroca Seiquer & Asociados SL
Jurisdiction
England and Wales
Judgment Date
02 March 2017
Procedural Posture
Civil / Post Judgment Order Settlement
Outcome
Judgment for claimants on quantum and interest as specified; costs order against Sr. Aroca for 80% of claimants' costs; no increase in payment on account for VAT.
Legal Topics
Interest on Judgment Sums, Quantum of Damages, Costs Orders, Payment on Account of Costs
Civil Procedure Property Law Interest on Judgment Sums Quantum of Damages Costs Orders Payment on Account of Costs

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Parties

Roger Keith Adams and Others

Claimants

Atlas International Property Services Limited and Others

Defendants

Miguel Ángel Aroca Seiquer and Aroca Seiquer & Asociados SL

Defendants

Procedural Posture

Civil / Post Judgment Order Settlement

Legal Issues

  1. 1 From what date should interest run on sums paid by claimants to secure title to property?
  2. 2 What is the correct quantum for Mr. & Mrs. Whyte and Mr. & Mrs. Hope's claims?
  3. 3 What percentage of costs should be awarded against Sr. Aroca?

Ratio Decidendi

Interest runs from the date the mortgage or associated fees were actually paid; quantum for Mr. & Mrs. Whyte is €54,721.37 by agreement, for Mr. & Mrs. Hope is €43,676.41 based on balance of probabilities; Sr. Aroca to pay 80% of claimants' costs including post-13 January 2017 costs; no increase in payment on account for VAT.

Court Disposition

Judgment for claimants on quantum and interest as specified; costs order against Sr. Aroca for 80% of claimants' costs; no increase in payment on account for VAT.

Orders

  • Judgment for Mr. & Mrs. Whyte in the sum of €54,721.37 with interest from the date of actual payment of mortgage/fees.
  • Judgment for Mr. & Mrs. Hope in the sum of €43,676.41 with interest from the date of actual payment of mortgage/fees.