Costa del Scammed: High Court allows British homebuyers to sue foreign lawyers

British buyers of European properties may be able to claim compensation in English courts if they have been let down by overseas lawyers, the High Court has confirmed.

The case was brought by Mr and Mrs Adams, a British couple who had bought a property on a development in Alicante, Spain. After more than ten years, they found their property - along with others - was still subject to the mortgage left on it by the builder and that the title was not assigned to them.

The Adams brought their case to London's High Court against the Spanish law firm that acted for them and the UK company that acted as their agents.

The Spanish lawyers challenged the jurisdiction of the London courts to hear the claim, arguing that cases relating to Spanish properties could only be heard in the Spanish courts.

If a party involved in the process actively marketed and sold their professional services to consumers in the UK, then EU consumer regulations allow the buyer to bring proceedings in their 'home' courts, rather than in the courts where the property was bought.

The Adams had received letters and marketing material in English from the lawyers acting on their behalf. Further, the Spanish lawyers' website had pages written in English aimed at British homebuyers.

The High Court deemed this sufficient to allow the claimants to sue the Spanish lawyers in the UK.

Chris Corney, partner at London firm Carter Lemon Camerons, which represented the Adams commented: 'Disappointed British homebuyers who are let down by their advisers when buying in Spain are often put off taking action because they do not want to get tangled up in a foreign court case.

Corney added: 'It is worth exploring whether consumer protection regulations may give them a right to pursue compensation in the UK courts.'

Matthew Rogers is an editorial assistant at Solicitors Journalmatthew.rogers@solicitorsjournal.co.uk | @sportslawmatt