In a recent Professional Negligence case, Glyn and Amy Daniel, were beneficiaries of a Trust set up by their father. They filed a claim against their deceased father’s Solicitors, Stanley Tee & Co, for a breach of trust in connection with the investment of their trust funds between 2000 and 2002. The claim amounted to £1,476,000.
In this case, the claimants argued that a lack of realistic investment strategy at the outset, with no periodic review to consider whether the strategy was still appropriate, meant that the trustees had adopted a less balanced and less diversified approach than a reasonable trustee would have thought appropriate.
The claimants failed to prove they suffered loss as a result of those breaches and the Judge found for the Defence.
This was based primarily upon the fact that the performance of the investments was assessed over a relatively short period of time (2000 to 2002) and the choice of markets into which the funds where invested (IT and Telecom sectors) whereas the Trustees had looked to invest over a longer period of time which would have negated the short term volatility in share prices.
While the claimants had established some breaches of duty, particularly during the early stages, they had failed to prove they had suffered a loss as a result of those breaches. Some aspects of the trustee Solicitors’ approach could be criticised as having fallen below the expected standards and call into question generally the duty of care owed by Solicitor to client. However, unless the breach of duty led to imprudent choices, liability for loss will not be established.
If you have appointed Solicitors to act as professional executors and those professionals act imprudently we can help to establish liability for breach of trust if the beneficiaries sustain losses as a consequence.
At MW, our mission is "to make quality legal services accessible to everyone", including those who have suffered loss as a result of “professional advice”. If you would like to speak to a specialist to discuss your case call us today on 020 3551 8500 or email us at firstname.lastname@example.org
On Saturday 6th August, the staff at MW Solicitors will join with 180,000 others in celebrating Brighton & Hove Pride. We will march in solidarity and community fellowship in the Pride Parade which this year takes on an added significance, in commemorating the tragic loss of life at the Orlando bar shooting that took the lives of 49 innocent people and severely injured many more.
The Pride Parade has its roots in challenging social injustice, a march of protest, a march of solidarity and an annual demonstration of the determination of lesbian, gay, bisexual, trans and queer members of society who would not allow themselves to live in fear or suffer oppression. The tragedy of the recent Orlando terrorist act is that it highlights that persecution and intolerant attitudes still exist and still need to be challenged.
So whilst the Pride Parade and the Festival in the Park, both of which we are taking part in, is rightly a celebration of LBGTQ life, it is also a reminder that there is still much work to do in this country and in many other countries in achieving equality and access to Justice for Everyone!
This year we will be taking to the streets of Brighton in our open top Pride Parade Bus and we will have a stand in the community section of Preston Park, we have over 70 Volunteers already which is superb, We encourage you all to turn out, support Pride and wave us all on!
MW Solicitors has negotiated an out-of-court settlement for Muslim cleric Imam Suliman Gani from the Defence Secretary Rt Hon Michael Fallon MP and the BBC that will reach six figures in total in compensation and legal costs, both of which will be paid by Mr Fallon and the BBC.
The case relates to false allegations made by Mr Fallon and the BBC that Mr Gani is a supporter of Islamic State, also known as Daesh.
Imam Gani has stressed that to the contrary, he has campaigned against the so-called Islamic State, both to people in the Muslim community and to the wider world. He is totally opposed to the activities of so-called Islamic State, which he regards as a terrorist organisation that commits atrocities. Imam Gani condemns the so-called Islamic State and considers all human life sacred.
The allegation about our client was originally made on BBC1 by a BBC presenter in the ‘London Mayoral Debate’ on 18 April 2016. On 7 May 2016 Mr Fallon repeated the BBC’s original allegation on BBC Radio 4’s ‘Today’ programme.
Both the BBC and Mr Fallon have accepted that their allegation about Imam Gani was untrue, and both have also sent letters of apology to our client - Apologies from Rt Hon Michael Fallon MP and BBC (PDF)
The BBC also broadcast and published apologies to our client on BBC1 London News, the BBC News Channel, BBC iPlayer, and the BBC London webpage.
Imam Gani said
"This situation was deeply traumatic for me, and I am most grateful to MW Solicitors for the excellent work they have done in pursuing this case for me to a successful conclusion."
Iman Suliman Gani has also received an apology on behalf of the Prime Minister regarding the wrongful allegations made by Prime Minister Rt Hon David Cameron MP made in the House of Commons during PMQs on Wednesday 20th April 2016.
LBC Radio have given McMillan Williams Solicitors permission to feature the following video containing an interview with Iman Suliman Gani on the James O'Brien show recorded on 28th June 2016.
Skip to 17:22 to hear Iman Suliman Gani read out apologies from both the Prime Minister and the Rt Hon Michael Fallon MP, UK Defence Secretary.
At MW, our mission is "To make quality legal services accessible to everyone" including those who have been wrongfully accused in the media. We offer conditional fee agreements (no win, no fee funding) for these types of cases, where appropriate.
MW are proud to announce that our Head of our Estate and Trust Disputes Team, Hayley Bundey, is now a member of The Association of Contentious Trust and Probate Specialists (ACTAPS)
ACTAPS is an organisation of solicitors, barristers and legal executives who are only accepted into the membership if they have many years of specialist experience and ongoing practice in this specialised area of the law – Contentious Trust and Probate law.
Founded in 1997, the organisation not only keeps its members updated with key developments in the law in this area but has also prepared the ACTAPS Practice Note for the Resolution of Trust and Probate Disputes (“the ACTAPS Code”) for practitioners to adhere to when acting for their clients. Whilst the ACTAPS Code is not part of the formal court rules (the CPR) ) yet, it is hoped it will soon obtain judicial recognition and be incorporated into the CPR, particularly as specialist practitioners in the field already adopt it as best practice in the resolution of Contentious Probate cases.
Hayley has herself adopted the ACTAPS Code in the resolution of her Contentious Probate claims for many years and in response to her admission to the membership of ACTAPS this month she says:
“I am extremely proud to join such an esteemed organisation in my specialist area of practice. Practitioners who are members of ACTAPS are always widely recognised as being at the forefront of their field in Contentious Trust and Probate work and I am pleased therefore to join their ranks.
I particularly support this organisation because of its emphasis upon the use of Alternative Dispute Resolution (ADR) wherever possible to resolve Contentious Probate and Trust disputes. I am passionate about utilising ADR at every opportunity in my cases to ensure that if, the often distressing, court proceedings which accompany such cases can be avoided then they should be as much as possible. To be part of an organisation which aligns with that view so unreservedly is refreshing and I believe it will only go to help me do the best job possible for my clients all the more”.
For those who wish to discover more about ACTAPS visit their website at www.actaps.com
At McMillan Williams, our mission is "to make quality legal services accessible to everyone", including people who have a Contested Probate or Trust Dispute. Our Specialist Estate and Trust Disputes Team are here to help and can provide information about any type of inheritance /trust dispute or claim.
McMillan Williams act for Sandra Haynes-Kirkbright, who is an NHS whistleblower.
Sandie (as she likes to be known) started working at Royal Wolverhampton NHS Trust on 17 October 2011 as its head of clinical coding and data quality. In early 2012, Sandie started to raise concerns with her line manager and colleagues about working practices in the coding department and elsewhere.
In due course, the Trust suspended Sandie in July 2012 and that suspension continues. On 1st March 2013, the Daily Mail published a front page article reporting that:
Since the article emerged in the Daily Mail, Sandie has been on suspension pending an investigation. An investigation has been undertaken and prepared by Verita, an independent organisation commissioned to prepare a report into the substance of Sandie’s concerns.
We are pleased to report that Sandie’s concerns have been upheld and have exposed a number of serious issues within the Trust. A copy of the Verita Report can be accessed at http://www.ntda.nhs.uk/wp-content/uploads/2016/05/RWT-Verita-Report.pdf
Sandie is represented in this matter by Bellamy Forde, Head of Civil Litigation at McMillan Williams Solicitors in conjunction with Andrew Bousfield of 3 Paper Buildings Chambers. Sandie has also received the support of Whistle Blowers UK (WBUK).
In an article accompanying the release of the report, Fran Steele, Portfolio Director at the NHS Trust Development Authority, said:
“It is essential that people feel able to raise concerns and have the confidence that these will be looked into and that disciplinary and grievance procedures are undertaken properly. This review has found that Mrs Haynes-Kirkbright was not treated fairly.
The Daily Mail has also responded to the reports findings, calling for the Wolverhampton NHS Trust Boss, David Loughton, to be sacked.
The Guardian has also written extensivley on this case in their article NHS whistleblower 'was treated unfairly' after alleging death rate-fixing.
At McMillan Williams, our mission is "To make quality legal services accessible to everyone", including those suspended or sacked because they have chosen to act as whistle blowers against their employer.