Portman Building Society v Bevan Ashford (a firm) and others (Record no. 62687)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 01980cam a2200229 4500 |
| 001 - CONTROL NUMBER | |
| control field | ABS61995 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 000000n2000 000 0 eng u |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u104484 |
| 245 ## - TITLE STATEMENT | |
| Title | Portman Building Society v Bevan Ashford (a firm) and others |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2000 |
| 490 ## - SERIES STATEMENT | |
| Series statement | Estates Gazette |
| Volume/sequential designation | 07 [2000] EG 131-138(8) |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | 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. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | ABS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | PORTMAN BUILDING SOCIETY V BEVAN ASHFORD (A FIRM) AND OTHERS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | NEGLIGENCE |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | FRAUD |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | MEASURE OF DAMAGES |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | SOLICITORS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | MORTGAGES |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | PROFESSIONAL PRACTICE-NEGLIGENCE-CASE LAW |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| Withdrawn status | Lost status | Source of classification or shelving scheme | Damaged status | Not for loan | Home library | Current library | Shelving location | Date acquired | Total Checkouts | Full call number | Barcode | Date last seen | Copy number | Price effective from | Koha item type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Dewey Decimal Classification | London | London | Journal article | 29/02/2000 | ABS61995 | 104484-1001 | 06/08/2019 | 1 | 06/08/2019 | Law report |