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View Full Version : Lost original Bank Guarantee. Is the lawyer liable for my deposit?



Unregistered
01-03-2011, 01:01 PM
Hi

There was 2 year's delay in completion by the developer of the Spanish property I bought. I decided to cancel the contract and execute my BG. Everything was going fine as fortunately I had a photocopy of my BG. However, the Bank demanded the original copy of the BG which my Spanish lawyer had lost. So the Bank refused to honour the photocopy of the BG which I had.

Is the lawyer liable for my deposit ? If so, do I have a case against the lawyer's Professional Insurance Policy ? How do I go about doing that ?

Regards

lawbird
01-04-2011, 04:56 PM
Dear Sir,

Depending on the documentation available, it may be possible to prove the true existence of the bank guarantee before the Courts. If you provide us with a scanned copy of the documentation I requested you by email in your other query, we will be able to assess the merits of your claim with more certainty.

If there has been a gross negligence from your previous Lawyer, there are mechanisms to complain via the Solicitors Bar Association before initiating a claim through the Courts.

Kind regards,