Blackstone successfully defend TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim
Blackstone Solicitors were instructed in May 2017 to assist a client with a TOLATA claim which was being threatened against her.
Our client had purchased a property which she lived in with her daughter, grandson and her daughter’s boyfriend. The daughter and her boyfriend paid rent to our client, which our client used towards the mortgage payments, the utility bills and general house hold expenditure. The payments were haphazard and of varying amounts. Over time, the relationships deteriorated and our client moved out of the property and thereafter decided to sell the property. The boyfriend threatened to claim a third of the sale proceeds of the property from her, which he subsequently did.
What did Blackstone do to help?
Our client instructed Hannah Kirk (Commercial and Property Litigation Solicitor) to defend her position regarding her ownership of the property and the proceeds of sale.
During the course of the matter, in without prejudice correspondence, we were able to extract weaknesses in the claimant’s claim and on a number of occasions, invited the claimant to withdraw his claim thereby avoiding further legal costs.
What was the outcome?
The claim proceeded to trial in 2018.
The parties and their witnesses were cross-examined by the barristers for both parties and the Judge ultimately considered the matter in private.
After hearing the evidence, the Judge determined that the claim be dismissed in its entirety and that our client’s legal fees were to be paid in full.
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