Litigation Writs 19/7/99

Solicitor Gilbert Rowberry of 8 Ascot Towers, Windsor Road, Ascot, is suing fellow solicitor Stirling Halliday of Robin's Roost, Old Wokingham Road, Wokingham. He is seeking u116,000 allegedly owed by Halliday in respect of a loan made when most of Rowberry's practice at Sherwood House, 104 High Street, Crowthorne, carried out work under the name of Rowberry Morris and Co. A claim issued at the High Court says that on 1 November 1998 Halliday took over most of the practice at a time when there was u232,000 in the practice accounts. It says that u116,000 has since been paid. Rowberry claims he voluntarily left a balance of u116,000 in the practice funds on loan to Halliday without any interest. He says Halliday did not give and was not required to give any consideration for this loan, which constituted a spontaneous offer by Rowberry. However, it is claimed that Halliday had concealed from Rowberry certain actions affecting the practice for which Halliday and others were responsible. Had it not been for that concealment the claim says the loan would not have been offered.

Writ issued by Gilbert Rowberry acting in person.

A woman from Bramfield in Suffolk is taking a doctor from Halesworth and three Anglian health authorities to the High Court. Caroline Pryke issued a claim against Doctor CS Northover of Halesworth; James Paget Hospital NHS Trust of Gorleston in Great Yarmouth; Addenbrook's NHS Trust of Cambridge; and Norfolk and Norwich Hospital NHS Trust, of Brunswick Road, Norwich, for damages for personal injury, losses and expenses. The claim accuses them of failing to provide her with proper medical care and follow-up treatment. It does not give details of the nature of the treatment or the circumstances leading to the claim.

Writ issued by Blocks, Ipswich.

David Thomas of Hemel Hempstead is suing Lynne Saunders of Hatfield for rectification of a trust deed dated 2 May 1992, an account, and repayment of u19,912.45. The claim says that in February 1992 it was agreed that property worth u80,000 at 18 Hales Park, Hemel Hempstead, should be transferred from Thomas' sole name into joint names. Saunders was to pay u45,000 raised by a mortgage, and the deed was to show that the mortgage was to be repaid only out of Saunders' interest on the property. But it is claimed that by mistake the whole of the property was transferred into Saunders' name, and showed her to be beneficially entitled to 56.25 per cent of the sale proceeds and failed to stipulate that the mortgage should be repaid only out of her interest. The mistake was discovered after they separated in spring 1997.

The property was ultimately sold for u78,000 in October 1997, but because of the error Thomas was paid u13,371.38 instead of the u33,283.83 he claims he was entitled to from the sale and Saunders is said to have wrongfully received u19,912.45.

Claim issued by Williams Kettle, Bletchley, Milton Keynes.