NRD Property Limited v Ewan & Co LLP

NRD Property Limited v Ewan & Co LLP

The defendant solicitors acted in breach of trust and retainer by dissipating client funds without authority, failed to pay SDLT as undertaken, and were involved in the creation and use of forged documents. The claimant is entitled to an account, inquiry, and equitable compensation for losses directly flowing from these breaches, including loss of opportunity to develop the property.

Parties
Claimant: NRD Property Limited; Defendant: Ewan & Co LLP
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Civil Breach of Trust / Retainer / Undertaking / Judgment After Trial
Outcome
Claim allowed. Judgment for the claimant.
Legal Topics
Breach of Trust, Breach of Retainer, Breach of Undertaking, Forgery, Solicitors' Duties, Equitable Compensation, Undertakings by Solicitors, Document Falsification, Remedies for Breach of Trust, Professional Regulation
Trust Law Professional Negligence Property Law Contract Law Breach of Trust Breach of Retainer Breach of Undertaking Forgery +6 more

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Parties

NRD Property Limited

Claimant

Ewan & Co LLP

Defendant

Procedural Posture

Civil Breach of Trust / Retainer / Undertaking / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant solicitors acted in breach of trust, retainer, and undertaking in relation to client funds and property transaction.
  2. 2 Whether the defendant solicitors are liable for dissipation of client funds without authority.
  3. 3 Whether the defendant solicitors are liable for failing to pay SDLT as undertaken.

Ratio Decidendi

The defendant solicitors acted in breach of trust and retainer by dissipating client funds without authority, failed to pay SDLT as undertaken, and were involved in the creation and use of forged documents. The claimant is entitled to an account, inquiry, and equitable compensation for losses directly flowing from these breaches, including loss of opportunity to develop the property.

Court Disposition

Claim allowed. Judgment for the claimant.

Orders

  • Defendant to account for and pay £200,000 in relation to the First Facility Letter and £1,332,000 in relation to the TCF Bridging Agreement, plus compound interest for breach of trust.
  • Account and inquiry ordered to determine the quantum of equitable compensation, including loss of opportunity and any further sums due.