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Zoopla valuations

Postby Brownhills » Fri Apr 06, 2018 4:44 pm

Proprietary estoppel
The judge at the CMC allowed for Zoopla valuations of properties worth approx. 2.5 million to be placed before the court at trial. My barristers direction was to get all the properties valued professionally.
He had not opened the brief, and believed the other side just before we went into court that only 3 out of 15 properties needed to be value. He had no knowledge of what "clean breaks" were nor about current case law. He hadn't opened the brief to notice that pages of the directions were missing.

Please can someone comment about the stupidity of zoopla valuations at trial.
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Re: Zoopla valuations

Postby atticus » Fri Apr 06, 2018 10:23 pm

Is this an ongoing case or the one you discontinued?
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Re: Zoopla valuations

Postby Brownhills » Sat Apr 07, 2018 8:54 am

I discontinued because of the solicitor and 2 barristers who were incompetent. In the early stages I was optimistic and got an opinion that I had a 60% chance at trial.
The first barrister re wrote (after being misled that they were to be amended) my PoC as advised by the solicitor, unfortunately these were offered to me for comment 5 hours before they were to be filed.
I had no time to comment, and was unhappy with the content, which had shifted from my case to theirs (barrister and solicitor).

I started as a LiP and only went to the solicitor because the defence solicitor would not treat me with courtesy, respect and basically flouted all the PCR rules.
From that moment on I was doomed. I was lied to from day one by the solicitor.

The barrister who was to do the CMC who had written the opinion and the Poc was unavailable to attend the CMC, neither was the solicitor, and I ended up with a buffoon who had not opened the brief prior to the CMC, evidenced by the fact that 2 important pages of the directions were missing and he hadn't noticed.

He hadn't read, because it wasn't there,(the directions) that he was to argue that all the defendant properties (2.5 million 15 properties) should be valued. He agreed before the hearing that only 3 needed to be valued as lead by the nose by the defence solicitor who already knew that my solicitor had cocked up with the filing at court and to the defence that directions were missing. Luckily I attended the CMC and stepped in and told my barrister that it was not 3 properties but the whole of the estate. (Please can somebody tell me the figure above which the costs budget needs to be in full, not just the summary, because that wasn't in the CMC documents either).

Well of course it was a shambles, my barrister was not current on proprietary estoppel, I had to give him a lecture before the CMC about the current case law Davies v Davies etc because he thought that I couldn't go after my fathers estate until he was dead!!!! I Talk to Eirian.

So at the CMC as led by the defence barrister I ended up with zoopla valuation on an estate of 2.5 million. Ha Ha Ha. Yes I know another hearing etc might reverse that but why should I have to pay for that. I have/had limited funds.

I then told my solicitor that I was discontinuing, but he didn't like that so did everything in his power to stop me (bar gag and tying me up). Over the course of the next 2 months I signed 3 statements that I wanted to discontinue, and in the end was forced to take said document to the court myself. I had of course got the opinion to get ATE insurance but my solicitor did not apply for it because he said he was saving me money because I was discontinuing! However he would not discontinue.
( I contacted the insurers and was told that it cost nothing to make an application for insurance!)

In the process he advised a drop hand agreement, but I had already told him that the defence wouldn't go for it because the defendant my father was a sadistic bastard who liked to inflict pain, mental and physical. However, I went for it because it seemed like the only way to stop the cost rising.
The wonderful solicitor then in the drop hand offer wrote "my client is finding the litigation extremely distressing." Really !! His words.

Well what would you do if you were the sadistic bastard on receipt of that. I guess laugh your socks off and make it as difficult as possible, especially if you are a multimillionaire with 250 thou in your cash account.

As I wrote to my solicitor after the CMC "I have had to barristers now, one was late and the other uninformed or incompetent, if this is what I have to look forward to in May (it was October) I give up.

I received no help or advice with the discontinuance, but at every turn my questions were re written and thrown back at me, looking back I know I was manipulated, but at the time you think your solicitor is on your side, and you don't want to rebuke that guy. I can see looking back at the correspondence that almost on a daily basis I was misled, lied to, misinformed.

I wish I had done it myself as a LiP.
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Re: Zoopla valuations

Postby atticus » Sat Apr 07, 2018 9:39 am

OK, so it's about a case you started and then dropped straight away.

What is the point of all this?

You really do not like your parents, do you?
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Re: Zoopla valuations

Postby Brownhills » Sat Apr 07, 2018 10:19 am

I really do not like my parents, correct.

I really do not like the barrister who did the CMC or the solicitor.

I am finding out information so I can ultimately sue. Yes it can be done and in the small claims court. Done it before, won, and got the tee shirt.

My questions are valid and reasonable and I would hope to get reasonable answers from people who have the knowledge and believe that solicitors are not infallible.

Question:
For a CMC, directions hearing would both side produce both a precedent H and a precedent R document?
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