Challenging Marriage and Deed of Trust

Mar 1, 2013

Challenging Marriage and Deed of Trust
This client was referred to us by another client to access our professional legal services.

This client was subjected to a vexatious claim because someone was claiming 50 per cent ownership of their house thereby alleging that they are married to our client and also filed an unsigned copy of the Deed of Trust.

  • We knew that our client was in search of justice. Please see below, this is how we managed our client’s expectation:
  • We met this client and had several meetings in their house and read the case laws and prepared a water tight defence.
  • We challenged every single individual who came in contact with us, for example an estate agent, conveyancing solicitor, Claimant’s solicitor, court, broker, insurance company, banks etc. We left no stone unturned.
  • We spent hours and days reading all issues & facts involved in this case.
  • We assessed each and every transaction involved in their house purchase.
  • We also analysed all their bank statements and conveyancing attendance notes which were connected to this case.
  • We made several requests for their file including all the disclosures requests under Part 18.
  • We pleaded wasted costs because the Claimant had absolutely no evidence to file such claim.
  • We sent letters of costs update, notice of funding, notice of acting etc.
  • We also drafted a skeleton argument and challenged all the documents which were exhibited to the claim.

Finally, our hard work paid off and the Claimant discontinued the whole claim against our client just before the Case Management Conference and exposed them for a costs application. Indeed, we have protected our client’s home from an unjust Claimant.

This claim was filed without compliance of the pre-action protocol. Ironically, this claim was funded by the Legal Services Commission which was totally a waste of public fund.

If you are subjected to similar treatment then please do not hesitate to contact us because with the power of knowledge we dive deeper than one could expect and imagine.

Client’s comment:

“Javed work on cases by heart”.

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