Litigation Wrtis 12/7/99

Nottingham Community Health NHS Trust is being taken to the High Court by Ian While of Launceston, Cornwall, in a claim for u6,936 he alleges he earned from services provided under a 1992 written agreement with the trust. He also seeks an account of all commissions payable under the agreement and an order for payment of all sums found due along with damages alleged for breach of contract. Further damages are sought for alleged negligent misrepresentation or misstatement.

Claim issued by Middleton Potts, London EC1.

The Cancer Research Campaign and the Multiple Sclerosis Society are suing over a will. They are seeking court orders removing John McGee and Thomas Norton as executors of the will of the late George Norton and replacing them with the Cancer Research Campaign to complete the administration of the estate. The charities also seek orders that McGee and Norton, both of Manchester, hand over all papers and documents relating to the estate to their solicitors. Documents sought include bank and building society books and any other records of the money belonging to the estate of George Norton. Additionally, an order is sought that the two men should be held personally liable for the costs of the application, which is made under the Administration of Justice Act 1985, the Judicial Trustees Act 1896 and the Trustee Act 1925.

Claim issued by Withers, London EC4.

Agnes Carroll, 85, is suing her nephews, one a solicitor and the other an accountant, in a dispute over the sale proceeds of her u325,000 home at Prebend Gardens, Chiswick, London. She claims that Peter Carroll and John Carroll visited her as she recovered from acute angina in a residential home and that because of their show of concern for her, their relationship, and their professional standing they acquired dominion over her mind. Her claim alleges that in March last year solicitor Peter Carroll asked her to sign a document she understood to be a will, and it says that trusting entirely in his integrity, both as her nephew and as a solicitor, she signed it. However, she claims that after that both Peter and John Carroll stopped making regular visits to see her, and by last June she was concerned since her requests to Peter Carroll for money met with little or no response. It says that she contacted solicitors who then told her the document she had signed was a deed of settlement in which she had surrendered the u325,000 proceeds of the sale of her home. Her nephews are said to have become trustees of and beneficiaries of a voluntary trust purportedly set up by her. However, it is alleged that at no time was she advised to obtain independent legal advice. Declarations are sought that the voluntary settlement is not valid and is void, or that it should be set aside and handed over for cancellation. An order is also sought for payment of all money and other property held by the defendants as purported trustees of the settlement.

Claim issued by Elliots Bond & Banbury, London W5.