Adams & Ors v Atlas International Property Services Ltd & Ors

Adams & Ors v Atlas International Property Services Ltd & Ors

Judgment for Mr. & Mrs. Hope and Mr. & Mrs. Whyte for the full amounts paid to secure title, with interest from the date of mortgage repayment or associated fees; Sr. Aroca to pay 80% of Claimants’ costs, including post-13 January 2017 costs; payment on account of costs not increased to include VAT.

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 costs issues.
Legal Topics
Quantum of Damages, Interest on Damages, Costs, Payment on Account
Property Law Civil Procedure Quantum of Damages Interest on Damages Costs Payment on Account

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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 Appropriate date for interest calculation
  2. 2 Quantum of damages for Mr. & Mrs. Whyte
  3. 3 Quantum of damages for Mr. & Mrs. Hope

Ratio Decidendi

Judgment for Mr. & Mrs. Hope and Mr. & Mrs. Whyte for the full amounts paid to secure title, with interest from the date of mortgage repayment or associated fees; Sr. Aroca to pay 80% of Claimants’ costs, including post-13 January 2017 costs; payment on account of costs not increased to include VAT.

Court Disposition

Judgment for Claimants on quantum and costs issues.

Orders

  • Judgment for Mr. & Mrs. Whyte for €54,721.37.
  • Judgment for Mr. & Mrs. Hope for €43,676.41.