Case Studies
Poor advice in division of assets during divorce
The client had instructed his former solicitors to deal with his divorce and ancillary relief proceedings. The failure to obtain valuations of assets resulted in all negotiations being based on estimates.
The matrimonial assets consisted of two properties in the UK, one in India, some shares in the name of the wife and a car. When advising as to the division of assets, the solicitors failed to recommend to the client that he obtain valuations on the properties and thus all negotiations were based on estimates. The shares were also completely forgotten. The eventual agreement was that the wife would receive a fixed sum and the property in India (plus the shares which had not been considered). Our client would keep one property and the car; sell the other property to release the equity to pay the monies to the wife. It was then established that both UK properties were worth significantly less than estimated resulting in the wife getting her fixed sum payment and our client being left with significantly less.
We pursued the former solicitors for professional negligence and were successful in doing the same obtaining damages through settlement on behalf of the client.
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