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Portman Building Society v Bevan Ashford (a firm) and others

Series: Estates Gazette ; 07 [2000] EG 131-138(8)Publication details: 2000Subject(s): Summary: In July 1990 Mr and Mrs G acquired a property for £218,000 with a 75% loan provided by a predecessor in title of the Portman Building Society (P) and secured by mortgage. The balance of £50,000 was met by a second charge in favour of the vendor. A partner of the first defendant firm of solicitors (B) acted for the vendor and a second solicitor in the same firm acted for the purchasers and the building society. The purchasers defaulted on repayments. P recovered possession of the property and sold it for £110,000. P brought proceedings against the solicitor for breach of retainer, negligence, breach of fiduciary duty and breach of trust, in particular that the solicitor failed to inform them that Mr and Mrs G were taking out a second mortgage. Longmore J held that the solicitor was also liable in respect of the partner acting for the vendor as he did so contrary to P's standing instructions. He decided that if P had known the true facts it would not have given them a loan, P was therefore entitled to recover the whole of its loss. The first defendant appealed on the grounds that; damages should have been assessed as at the date when the cause of action arose; the measure of damages should only be nominal; credit should be given for the proceeds of a mortgage indemnity guarantee policy. Appeal dismissed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS61995 (Browse shelf(Opens below)) 1 Available 104484-1001

In July 1990 Mr and Mrs G acquired a property for £218,000 with a 75% loan provided by a predecessor in title of the Portman Building Society (P) and secured by mortgage. The balance of £50,000 was met by a second charge in favour of the vendor. A partner of the first defendant firm of solicitors (B) acted for the vendor and a second solicitor in the same firm acted for the purchasers and the building society. The purchasers defaulted on repayments. P recovered possession of the property and sold it for £110,000. P brought proceedings against the solicitor for breach of retainer, negligence, breach of fiduciary duty and breach of trust, in particular that the solicitor failed to inform them that Mr and Mrs G were taking out a second mortgage. Longmore J held that the solicitor was also liable in respect of the partner acting for the vendor as he did so contrary to P's standing instructions. He decided that if P had known the true facts it would not have given them a loan, P was therefore entitled to recover the whole of its loss. The first defendant appealed on the grounds that; damages should have been assessed as at the date when the cause of action arose; the measure of damages should only be nominal; credit should be given for the proceeds of a mortgage indemnity guarantee policy. Appeal dismissed.