Adams & Ors v Atlas International Property Services Ltd & Ors

Adams & Ors v Atlas International Property Services Ltd & Ors

Aroca was negligent and in breach of fiduciary duty by failing to advise Claimants of risks before completion, including absence of bank guarantees and proof of unencumbered title, and by preferring Agents' interests. Claims are not statute-barred due to deliberate concealment. Claimants are entitled to damages for loss of property value, amounts paid to Aroca, and distress. Conspiracy claims are dismissed due to lack of evidence of agreement and knowledge of unlawfulness by Agents.

Parties
Claimants: Roger Keith Adams and Others; Defendants: Atlas International Property Services Limited and Others
Jurisdiction
England and Wales
Judgment Date
05 December 2016
Procedural Posture
Civil / Judgment
Outcome
Judgment for Claimants against Agents and Sr. Aroca; conspiracy claims dismissed.
Legal Topics
Negligence, Breach of Fiduciary Duty, Unlawful Means Conspiracy, Limitation, Contributory Negligence, Damages, Spanish Property Transactions
Contract Law Professional Negligence Fiduciary Duty Property Law Negligence Breach of Fiduciary Duty Unlawful Means Conspiracy Limitation +3 more

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Parties

Roger Keith Adams and Others

Claimants

Atlas International Property Services Limited and Others

Defendants

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Aroca was negligent and in breach of fiduciary duty before and after completion
  2. 2 Whether claims are statute-barred under the Limitation Act 1980
  3. 3 Whether there was unlawful means conspiracy between Aroca and the Agents

Ratio Decidendi

Aroca was negligent and in breach of fiduciary duty by failing to advise Claimants of risks before completion, including absence of bank guarantees and proof of unencumbered title, and by preferring Agents' interests. Claims are not statute-barred due to deliberate concealment. Claimants are entitled to damages for loss of property value, amounts paid to Aroca, and distress. Conspiracy claims are dismissed due to lack of evidence of agreement and knowledge of unlawfulness by Agents.

Court Disposition

Judgment for Claimants against Agents and Sr. Aroca; conspiracy claims dismissed.

Orders

  • Damages against Agents for full purchase price, amounts paid to Aroca, and £1,000 each (£500 for Hope and Whyte) for distress, inconvenience, and loss of amenity.
  • Damages against Sr. Aroca for value of each property (to be assessed), amounts paid to Aroca, and £1,000 each (£500 for Hope and Whyte) for distress, inconvenience, and loss of amenity.