estoppel

[The Mould]

Post 121 can u briefly explain

 

 

The qualified judgement clearly states the requirements that must be met in order to establish a case of propriety estoppel.

 

Each case will turn on the circumstances of it.

 

Do you have sols acting for you? Yes or No? If yes, what, exactly are they doing for you as regards presenting a Defence for you against this claim?

 

Please elaborate on the above and post all relevant and important matters on this case. To my mind, based upon the material that yopu have posted here by you, there are no grounds for daughter-in-law to plead propriety estoppel.

 

Have you omitted any relevant and important matters here? Because if you have, then., my advice and quite possibly other fellow Cag members advice posted here, could be completely wrong in law, this would jeopardise your case.

 

Please be honest with us, I mean no disrespect to you, but if I feel that you are withholding or omitting important and relevant matters, then I shall not post here any further.

 

Did you give the bloody alleged promise or not? Because if you didn't, then you have nothing to worry about. I know sols time is expensive, but if you emailed them with the matters you have posted here, they would begin to doubt you, but would still present your case because you are paying them!

 

 

Relax, keep calm, speak only the truth and you have nothing to worry about.

 

Kind regards

 

The Mould

[tiger7861]

Im.not holding anything

[raydetinu]

Best just to wait now until you have the defence argument and statements; then we can comment further, otherwise just going around in circles.

[tiger7861]

Best just to wait now until you have the defence argument and statements; then we can comment further, otherwise just going around in circles.

Agree

[tiger7861]

Got the witness statements today basically she has one witness a friend who claims that she heard me saying that the house was a gift apart from that the witness statements has nothing else

She is claiming that in 10 years all the bedrooms kitchen,toilet where renewed she also claiming that a porch was made and the loft area had storage boards she also admits that her name was on the council register for almost 9 years claiming she was not familiar with the council register as she was from another country. Finally she says that her daughter is not well she has ADHD and that could have a negative impact if evicted basically she is saying that for years I have been reassuring her that house was a gift which is total nonsense.

[steampowered]

I think this will need to go to a trial. The judge will listen to both sides based on their witness statements and decide whose story is more credible.

[tiger7861]

I think this will need to go to a trial. The judge will listen to both sides based on their witness statements and decide whose story is more credible.

her witness is her friend will she be taken seriusly will this adhd have any impact

Edited November 8, 2013 by tiger7861

[steampowered]

her witness is her friend will she be taken seriusly will this adhd have any impact

 

Based on what you have posted, it doesn't sound like she has produced any real evidence to back-up her assertions. If the only witness is a friend, the friend's evidence will be given much less weight than evidence given by a neutral witness.

 

For these reasons their case sounds pretty weak to me.That said it is very difficult to express a firm view on these things without seeing the full witness statements and considering both sides of the story, so do see what your solicitor thinks.

[tiger7861]

Thank u need a barrister now for trial any suggestions

[honeybee13]

Hello there.

 

It's against site rules to recommend lawyers, sorry. You can find them via your solicitor.

 

HB

[honeybee13]

You could have a look at this too.

 

http://www.barcouncil.org.uk/about-the-bar/find-a-barrister/

 

HB

[tiger7861]

What will be fees any idea

[steampowered]

Depends how long the trial is. Check this stuff with your solicitor - if he is already handling the eviction hearing might make sense for him to handle this as well.

[tiger7861]

Ok cant i save money by.gng direct

[The Mould]

Ok cant i save money by.gng direct

 

You have sols acting for you and given the stage that this matter is now at, you sols should have instructed counsel (a Barrister) to represent you at trial and you ought to of had a conference with you counsel, sols present, in order to discuss the case and the likelihood of your success against the same.

 

Going to a Barrister direct will save you some money, but you will be required to undertake substantive legal admin and furnish the Barrister with the full details of the case, you would in effect, be acting as his instructed solicitors.

 

Her witness is her friend and in my opinion she is insufficiently independent of the Claimant to act as such.

 

She has her case that she is presenting and you have your case that you are presenting to the Court.

 

 

It seems to me that her actions are illogical, you allowed her to live in the property rent and mortgage free while she remain on the local authority's housing list; she knew that the waiting time may take up to 10 years. Why would she undertake the expenses of these improvements on your property throughout the period of time that she was on the local housing authority's list? Her case does not make any sense, if she wanted to live in your property rent and mortgage free and make the same more luxurious and comfortable until she was provided with a place of her own by the local housing authority, then such expenditure by her was her own doing and wishes, you may have allowed her to undertake these improvements, but that does not constitute a propriety estopple to the property or a share in it.

 

 

Her case is weak and in my opinion, unmeritorious and unsubstantiated.

 

Kind regards

 

The Mould

[tiger7861]

Thnxs guys

[raydetinu]

Yes agree case is weak.

Barrister will be expensive but necessary ( £200/hr ). you may get costs as it such a feeble defence ( but could she pay them anyway? ) How is she funding her defence?. But at least you will get your house back!

[tiger7861]

She is funding by savings i persume

[The Mould]

She is funding by savings i persume

 

She does not have a case against you. Instruct your sols to instruct counsel who is experienced in these matters ASAP and arrange a conference on this matter.

 

 

Your sols should have arranged this months ago!

 

Kind regards

 

The Mould

[tiger7861]

Ok

[The Mould]

Ok

 

 

So what are you going to do about this matter tiger? Are you going to just sit back and waste my time, or are you going to accept my advice as genuine and correct in law and instruct your sols acting to instruct counsel for you who has experience on this area of law so that a conference can be held on the same with you and your instructed sols present?

 

I mean no disrespect to you tiger, but my advice/opinion / help and support offered to you is not offered for fun, it is offered to people who do not know what their rights are under English law, not matter what that area of English law is.

 

Good luck with your case/Defence.

 

Please post up the Court's decision thereon when this matter has been decided.

 

 

 

Kind regards

 

The Mould

[tiger7861]

Gng to instruct council mould

[The Mould]

Gng to instruct council mould

 

 

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

[tiger7861]

Instruct solicitors to get a barrister. No comms with her in over a year only via solicitor

[tiger7861]

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