estoppel

[tiger7861]

Good stuff Tiger

 

Are you still instructing your sols or are you going to a direct access Barrister?

 

If the latter, you will need to hold a conference with him ASAP. don't forget that he require you to undertake a great deal of legal admin and provide him with the same.

 

Now that you are undertaking this route, do not engage with ex-daughter-in-law, UNLESS, you receive any positive correspondence from her to resolve this matter that you consider to be satisfactory.

 

 

Good luck Tiger.

 

Kind regards

 

The Mould

 

Just one final q will does adhd issue effect this claim?

[The Mould]

Just one final q will does adhd issue effect this claim?

 

 

What is this adhd issue, a matter that affects her or her children?

As far as I know, adhd does not provideany grounds to that give rise to a propriety estopple claim.

Based upon all matters posted here by you, the issue and only issue for the Courtto decide upon is – did you promise the property or a share therein to thedaughter – in-l aw.

This case will be decided by the Courtbased upon the circumstances to it. Ifyou never made any such promise to the daughter-in-law (ex), the Court will recognise that no such promise wasmade or given by you to her, as youhave clearly stated here.

Kind regards

The Mould

[tiger7861]

What is this adhd issue, a matter that affects her or her children?

As far as I know, adhd does not provideany grounds to that give rise to a propriety estopple claim.

Based upon all matters posted here by you, the issue and only issue for the Courtto decide upon is – did you promise the property or a share therein to thedaughter – in-l aw.

This case will be decided by the Courtbased upon the circumstances to it. Ifyou never made any such promise to the daughter-in-law (ex), the Court will recognise that no such promise wasmade or given by you to her, as youhave clearly stated here.

Kind regards

The Mould

 

Today they breached the pre trial document checklist

[The Mould]

Today they breached the pre trial document checklist

 

Please confirm the exact directions from the Court as regards pre-trial review and the paragraphs therein that Claimant has not complied with.

 

Please also post up Claimant's statement of case (hid POC's) and your Defence against the same - minus all personal details of course.

 

 

The more details that you provide here to us, the better and greater understanding of the case that you are Defending, sooooooooo, don't be shy, give us all details so that we can assist you by providing our advice/support/ opinion and case law on this matter that holds in your favour.

 

Kind regards

 

The Mould

[tiger7861]

Please confirm the exact directions from the Court as regards pre-trial review and the paragraphs therein that Claimant has not complied with.

 

Please also post up Claimant's statement of case (hid POC's) and your Defence against the same - minus all personal details of course.

 

 

The more details that you provide here to us, the better and greater understanding of the case that you are Defending, sooooooooo, don't be shy, give us all details so that we can assist you by providing our advice/support/ opinion and case law on this matter that holds in your favour.

 

Kind regards

 

The Mould

The per-trial checklist is complete trial is next week I have hired my barrister today the solicitor is sending the file to him tomorrow all in costing me inc solicitors fee 3500 for the trial the barrister was called to bar In 1979 and has written a book on estoppel so nows his stuff according to my solicitor

Just one q at any point could the court not have thrown this course out ie not letting it go to trial.

[raydetinu]

yes if the judge feels the case has no merit

The barrister can ask for it to be dismissed at the start, but if you are all there the judge may well hear the initial arguments, then dismiss it?

[mjt2013]

Although the court could have struck the claim out on its own motion it's rarely that proactive and, when it does, usually only does so in extremely clear cases ( such as where there is simply no legal claim or the remedy doesn't exist). It is of course open to the parties to apply to strike out but as the trial is next week you may as well get on with that now, subject to whatever legal advice you are given.

[tiger7861]

Although the court could have struck the claim out on its own motion it's rarely that proactive and, when it does, usually only does so in extremely clear cases ( such as where there is simply no legal claim or the remedy doesn't exist). It is of course open to the parties to apply to strike out but as the trial is next week you may as well get on with that now, subject to whatever legal advice you are given.

Thank u all my solicitor advised the most expensive barrister was about 10k he advised that your case is not that complexed and the barrister he advised has alot of experience in estoppel he has even written a chapter about estoppel in a book #

does hiring a less expensive barrister make any difference?

[tiger7861]

i could have gone with the direct access option which would have been even cheaper i was quoted about 2500 for the trial which is not bad but had to do all the paperwork my self the barrister needs to now the relevant info to fight the case in a particular way apparentley.

[tiger7861]

will a decision be made of the case on the same day?

[raydetinu]

hopefully, how much time has been allocated in the court? Often the judge reserves a decision to later date, even if all the witnesses have been heard and legal representations have been made.

This case seems fairly straight forward, but you never know.

[tiger7861]

I day and half

[The Mould]

Thank u all my solicitor advised the most expensive barrister was about 10k he advised that your case is not that complexed and the barrister he advised has alot of experience in estoppel he has even written a chapter about estoppel in a book #

does hiring a less expensive barrister make any difference?

 

 

Your only concern ought to be as regards counsel's experience in this area of law, not the costs of such legal representation. Experience and success with always override costs, except, in certain circumstances, that is to say, that just because "Joe Bloggs & Co" are the biggest driveway installers with over 25 years experience, this does not make them the best nor masters of their trade as opposed a new comer on the same market.

 

Kind regards

 

The Mould

[mjt2013]

The Mould's quite right. Counsel's fees tend to be commensurate with their year of Call rather than their actual knowledge of a particular area so you could get a cheaper young barrister who really knows his stuff or an older more expensive one who isn't as good at this particular thing.

[tiger7861]

The Mould's quite right. Counsel's fees tend to be commensurate with their year of Call rather than their actual knowledge of a particular area so you could get a cheaper young barrister who really knows his stuff or an older more expensive one who isn't as good at this particular thing.[/

Edited November 27, 2013 by tiger7861

[tiger7861]

This gentleman was called in 1979

He is the author of "Tenancies and Estoppel - after London & Quadrant v Bruton" (Modern Law Review vol 63 no 3 (May 2000).Areas of Practice

Family Law, Civil Law, Adoption, Matrimonial Finance, Civil Partnerships, Housing, Children - Public Law - Care, Children - Private Law, TLATA and Cohabitation, Chancery, International Child Abduction, Inheritance Act, Land and Property, Landlord and Tenant, Professional Conduct, Mediation

[mjt2013]

Just FYI the Modern Law Review is a legal journal. It seems your Counsel has written a journal article rather than a book on estoppel law.

[tiger7861]

Just FYI the Modern Law Review is a legal journal. It seems your Counsel has written a journal article rather than a book on estoppel law.

Yes an article so,do u thick he will be good on estoppel case

[mjt2013]

I have absolutely no idea!

[tiger7861]

How hard will.it be to prove no promise was made

[raydetinu]

Oh dear, you are just fretting; NO POINT, just let the case run its course now.

Hopefully will be ok.

[tiger7861]

Your only concern ought to be as regards counsel's experience in this area of law, not the costs of such legal representation. Experience and success with always override costs, except, in certain circumstances, that is to say, that just because "Joe Bloggs & Co" are the biggest driveway installers with over 25 years experience, this does not make them the best nor masters of their trade as opposed a new comer on the same market.

 

Kind regards

 

The Mould

 

In my witness statement I forget to mention something can I alter it ?

[raydetinu]

best not too alter anything at this stage; however discuss with barrister and any changes can be addressed under cross examination on the witness stand if need be.

[steampowered]

Why do you want to change it?

 

 

Usually, in the lead up to a trial both sides exchange witness statements at the same time. Changing your witness statement later is a bit unfair if you have had the benefit of their statement. Also note that if you are already past the time the court ordered you to serve the statement, a later amendment would not be compliant with the court order. Best to discuss this with your solicitor but I suspect not a good idea unless the change is genuinely necessary.

[The Mould]

In my witness statement I forget to mention something can I alter it ?

 

 

See - CPR Pt 17. You require the Court's permission if you wish to amend.

 

Kind regards

 

The Mould