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Solicitors

Disputes Case Studies

Inheritance case study – No Will

Stolen assets are successfully recovered from fraudsters

The Client had been living with her partner when he was killed at anearly age in a road traffic accident. They had an infant son together and since the deceased had made no Will, by law his estate was left entirely to his son, who was a one year old at the time of his father’s death. The deceased had been wealthy and came from a large family. After his death, his parents and brothers embezzled his estate of large amounts of cash, withdrawing money from his bank account by forging signatures on cheques and using false identification to transfer a sum of around £40,000 into their own accounts. It was argued by the family that numerous properties owned by the deceased were merely held by him on trust for the family.

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Inheritance case study – Validity of a Will / Protection of Estate

Successful outcome for client, forced to take action against siblings regarding mother’s will

The Client was one of ten adult children whose mother had died leaving no surviving husband. No Will could be found, which meant by law, all of the deceased’s children would be entitled to an equal share of her estate. The Client had been a devoted son to his mother, whilst many of his siblings hadn’t spoken to her for years. Some of these estranged children had taken out a Grant of Letters of Administration, which would authorise them to deal with their mother’s estate given that there was no Will. However, the Client soon discovered that his mother had indeed made a Will with Cohen Cramer some 20 years or so prior to her death, in which she had left her estate to the Client and a brother. Despite this, the Client’s siblings alleged the Will wasn’t genuine and were being obstructive, refusing to stop dealing with the estate’s assets.

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Inheritance case study – Inheritance Act Claim

Substantial settlement won for bereaved client, left homeless after partner dies without a will

The Client had been living with her partner, a successful businessman, when he died suddenly without leaving a Will. The Client relied on her partner financially and the house they lived in was in his sole name, as were all his assets. As there was no valid Will, the client discovered she would receive nothing. What’s more, the Client’s partner’s mother changed the locks to their house whilst the Client was out and threw her belongings outside.
The Client had been ejected from her home and left without financial support whilst dealing with the shock of losing her loved one.

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Inheritance case study – Disinheritance Claim

Client left disinherited obtains a substantial share of the deceased’s estate

The Client’s elderly aunt had died leaving a large part of her estate to her neighbour. The Client had reason to believe that his aunt had only written the Will under a great deal of influence from her neighbour, since the aunt had been in a very vulnerable state at the time, having just lost her husband of many years. What made matters worse was that the Client was based in Australia whilst his aunt lived in the UK, so he had largely been kept in the
dark regarding the situation.

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Employment: Unfair Dismissal

Employee; Personal Situation

The Client had been made redundant from her job working for the Government. However, the Client’s employer had dismissed her unfairly, having failed to follow the correct and reasonable procedures. The Client had sent a letter of complaint to her employer, but she had received no response or any sign that they were willing to deal with the issue. The Client had not only suffered unfair dismissal, but she had also been treated badly in the process.

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Dispute: Professional Negligence: Solicitors

Client obtains swift and substantial damages settlement from negligent solicitor

The Client had instructed a firm of solicitors to act on their behalf in the purchase of a property, having provided all the relevant information and documentation. Following completion of the purchase, the Client had attempted to sell the property for a profit. However, during the sale, it transpired that the Client’s solicitor had failed to ensure that the whole property was included in the original purchase.

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Dispute: Insolvency

£30,000 demand against client is swiftly withdrawn, saving him from bankruptcy

Paul had received a statutory demand - a written request threatening court action - against him for a debt of over £30,000. He discovered that the demand had been made against a company with which he’d had no involvement. However, the person making the claim argued that Paul was a director of the company and that he was personally liable for the debt. In fact, Paul had never held any such position and knew nothing about the company at all.

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Dispute: Libel and Slander

Existing Law successfully challenged enabling client to sue for harassment and cyber squatting

The Client was in a dispute with a former employee regarding false allegations the former employee was making about the Client’s business methods. In addition, the former employee had registered an Internet domain name which was so similar to the Client’s, it would have been easy to confuse the two. The former employee was using this domain to post information about the Client, which was inaccurate and damaging to the Client’s reputation and business, and which was proving to have a serious impact on both.

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Dispute: Libel and Slander

Quick resolution for victim of anonymous false and damaging allegations online

The Client had discovered that someone had been publishing anonymous allegations about the orchestra and its conductor / artistic director online, claiming that they – the Client – were involved in criminal activity. Not only were the allegations untrue, they had also caused the Client to lose sponsorship for the orchestra, as well as damaging the organisation’s public profile and that of its staff.

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Dispute: Debt Collection

Recruitment Agency successfully pursues unpaid invoices

The Client had been trying to recover money owed to them by the Defendant for an outstanding invoice. The Defendant had entered into an agreement with the Client for the Client to introduce a dental associate to the Defendant company with a view to eventually securing a suitable employee. The Client provided candidate details to the Defendant and a suitable candidate was eventually employed. However, the Defendant company refused to pay.

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Dispute: Dental Practice

Client set to receive compensation after disputing the purchase of a dental practice

The Client had bought a dental practice, but after the completion of the purchase, discovered there had been an ongoing investigation by the Primary Care Trust (PCT) against the seller. Patients had not been receiving adequate diagnosis and were being either over-treated or under-treated, plus there were a number of issues about how the practice had been run. None of this had been disclosed prior to the purchase of the practice, which was in breach of the contract.

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Dispute: Professional Negligence: Solicitors

Client receives early settlement for compensation against a negligent solicitor

The Client was injured in an accident whilst employed part time by an electrical retailer. After a period of recovery at home, the Client returned to work. However, he suffered degrading treatment and harassment from his managers, who made jokes about his accident. Eventually, the Client felt he had no choice but to resign. The Client was advised by a solicitor that he could bring a claim of unfair dismissal against his former employer in the employment tribunal. However, his solicitor missed the deadline for the issue of the claim which meant that the Client could no longer claim compensation for his losses, including loss of income. The Client therefore struggled financially due to his solicitor’s negligence.

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They were very professional indeed. Everything was explained to us in English rather than legal jargon so we knew exactly what he meant. The service was brilliant so I would use you again”