In what circumstances will a defendant firm of English solicitors be liable for the loss of a client’s property?

British Columbia, Canada


The following excerpt is from Campbell v. Ragona, 2010 BCSC 1339 (CanLII):

In Gregory v. Shepherds (A Firm) [2000] TNLR 769 (Eng, CA), the plaintiffs engaged the defendant firm of English solicitors to assist them with the purchase of property in Spain. The defendants in turn instructed a Spanish lawyer to carry out the necessary title searches and obtain an escritura, the document which guaranteed a purchaser clear title. The defendants paid their clients’ purchase monies to the vendor without receiving confirmation he had obtained the escritura. When the plaintiffs sought to resell the property, they discovered that it remained encumbered, and suffered a loss.

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