Morkot & Ors v Watson & Brown Solicitors & Anor [2014] EWHC 3439 (QB) (24 October 2014)

Morkot & Ors v Watson & Brown Solicitors & Anor [2014] EWHC 3439 (QB) (24 October 2014)

Watson & Brown breached their fiduciary and common law duties by failing to disclose the gifted deposit scheme to lenders and claimants, acting in conflict of interest, and preferring the interests of the vendor. The appropriate measure of damages is the loss suffered by claimants as a result of entering into the...

Source-derived case information.

Citation
[2014] EWHC 3439 (QB)
Parties
Claimants: Gordon Roger Morkot and Irene Morkot; Claimants: Keith Ronald Bellew and Angela Leslie Knight; Defendants: Watson & Brown Solicitors; Defendants: The Trustee in Bankruptcy of Karon Brown
Jurisdiction
England and Wales
Judgment Date
24 October 2014
Procedural Posture
Civil Professional Negligence / Assessment of Damages Following Default Judgment on Liability
Outcome
Judgment for the claimants on assessment of damages.
Legal Topics
Solicitor's Duties, Conflict of Interest, Mortgage Fraud, Damages Assessment, Breach of Fiduciary Duty
Professional Negligence Property Law Fiduciary Duty Solicitor's Duties Conflict of Interest Mortgage Fraud Damages Assessment Breach of Fiduciary Duty

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Parties

Gordon Roger Morkot and Irene Morkot

Claimants

Keith Ronald Bellew and Angela Leslie Knight

Claimants

Watson & Brown Solicitors

Defendants

The Trustee in Bankruptcy of Karon Brown

Defendants

Procedural Posture

Civil Professional Negligence / Assessment of Damages Following Default Judgment on Liability

Legal Issues

  1. 1 Whether Watson & Brown breached their fiduciary and common law duties to the claimants and lenders by failing to disclose the gifted deposit scheme and acting in conflict of interest.
  2. 2 What is the appropriate measure of damages for the claimants' losses arising from entering into the property transactions.

Ratio Decidendi

Watson & Brown breached their fiduciary and common law duties by failing to disclose the gifted deposit scheme to lenders and claimants, acting in conflict of interest, and preferring the interests of the vendor. The appropriate measure of damages is the loss suffered by claimants as a result of entering into the transactions, as the transactions would not have occurred but for the breaches.

Court Disposition

Judgment for the claimants on assessment of damages.

Orders

  • Mr and Mrs Morkot awarded £4,840.24.
  • Mr Bellew and Mrs Knight awarded £155,131.30 for Flat 34.