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Allow for inflation in legal claim?

3 replies

AnneShirley18 · 28/12/2025 22:59

Hi, I put flat on market in 2023. I got a buyer but due to solicitor negligence when I bought the flat, I wasn't able to complete the sale. The fall out from that negligence has taken nearly three years to sort out. The purchase price it almost sold for in 2023 was £166,500. The buyer hung in for 11 months but a lease issue just took too long. Now in 2025 the market price is 156,000. When seeking restitution for the error from my original solicitors, can I claim for the deficit of £10,500? Was also entering if I can claim for thr inflationary deficit, as £166500 is worth about £175,000 in todays money? Or am I clutching at straws? I've lost such a lot of money through no fault of my own. Thanks to any input even if it isn't what I want to hear!

OP posts:
DonutsWin · 29/12/2025 03:36

@AnneShirley18

A few thoughts:

£10,500 price drop?
Yes, potentially recoverable if you can show that but for your solicitor’s negligence the 2023 sale at £166,500 would have completed. Courts assess loss at the point the transaction should have completed (e.g. East v Maurer).

Inflation uplift (£166,500 → ~£175,000)?
No, almost certainly not.
General inflation/market movement is outside a solicitor’s duty (SAAMCO; BPE Solicitors v Hughes-Holland).

Better claims to include?
Extra mortgage interest, service charges/ground rent, and legal costs caused by the delay; modest distress only in limited cases (Watts v Morrow).

  1. Claim the £10,500 delay loss and consequential costs.
  2. Don’t pursue inflation—it’s very unlikely to succeed.

Wish you all the best.

AnneShirley18 · 29/12/2025 13:03

Wow! Thanks for the reply. Can't wait to look at these cases. Good to know you think services charges etc could be included as paying those has made me weep.
The flat lies completely vacant yet I've got service charges, ground rent, standing utility charges, council tax ( at rishi's inflated double rate for vacant properties). Im also mortgaged to the hilt as I bought a very modest little house in Ireland to move to . It was supposed to be a four month crossover at most. I've lost the opportunity to claim back the stamp duty on that as 3 years have passed. The move was supposed to free me up financially as house was half the price but I'm now working 2 jobs.
Anyway thanks again. Lots to think about!
All the best ☺

OP posts:
DonutsWin · 29/12/2025 13:57

@AnneShirley18

That sounds incredibly tough, I am really sorry you have had to carry all of that for so long.

Given what you have said, I would definitely include service charges, ground rent, council tax on the vacant property, standing utilities, and extra mortgage interest as consequential losses from the delay. Those are classic heads of loss where negligence keeps you stuck owning an asset you should have sold.

The lost SDLT refund is more borderline, but worth taking advice on, if the missed deadline flows directly from the delay, it may still be arguable.

It really does sound like this went far beyond what anyone could reasonably absorb, and I hope you are able to recover at least some of the financial damage.

Wishing you much better luck from here on.

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