A claim by 15 purchasers of off-plan apartments for the return of deposits paid to the developer succeeded where there had been an unreasonable delay (35 months at the date of termination) by the developer in completing the development. Judgment was also obtained against the developer’s solicitors for releasing deposits held as stakeholder when not entitled to do so. The developer is thought to be insolvent. (Hastings & Hastings and Other Purchasers v Johnsons Estates Ltd and Bennett & Ryan; Chancery Division; Mr J.Baldwin QC sitting as a Deputy High Court Judge; June 21, 2011).
Nicholas Yell Instructed by Alisons Legal Practice) represented the Claimants under a CFA.