Litigation Writs 24/1/99

Solicitors Nicholas Bennett and David Saunders, formerly practising as Nicholas Bennett and Co, are suing Michael and Diane Ivey, of Duras, France, for £32,488.33 and interest in respect of the sale of a property. The claim says the solicitors were instructed to complete the sale of property belonging to the Iveys and to discharge the mortgage to Lloyds Bank, but that the solicitors were obliged to pay the balance of £32,488.33 to the bank after the Iveys paid only £144,467.56 to discharge a liability to the bank of £176,955.89. The solicitors, of Sandwich, Kent, say they were obliged to pay the balance to the bank, and the money was paid by the Solicitors Indemnity Fund. The claim seeks repayment of the money.

Claim issued by Thomson Snell & Passmore, Tonbridge, Kent

The chief constable of Merseyside Police is being sued for damages for alleged libel and malicious falsehood. In a claim issued at London's High Court Stephen Flynn, of Prescot, Merseyside, accuses the chief constable of falsely and maliciously publishing a letter dated 14 December, 1990, knowing it contained allegedly libellous material. Flynn also claims that the police chief knew that the words he published in the letter would be repeated, as it says they were on 24 November 1998. Flynn is seeking exemplary damages.

Claim issued by Flynn in person

A document sent to leaseholders of property at Epsom, Surrey in the summer of July 1998 is at the centre of a libel action. Mohamed Salah El Naschie of Cobham, Surrey, is suing Charles Stitt and John Truelove, both of Church Street, Epsom, for damages and aggravated damages for alleged libel. El Naschie also seeks an injunction preventing further publication of the words.

Claim issued by Bindman & Partners, London WC1

The High Court is to decide the extent to which the powers of adjudicators allow them to decide the range of their jurisdiction. Pharmaceutical process plant owner Chirex (Annan) is suing pipework contractor Homer Burgess for declarations that an appointed adjudicator, David Carrick, was not entitled to enquire into and decide the question of his own jurisdiction when Chirex claimed there was not a construction contract, and the works at the centre of the dispute were not substantially construction operations. Chirex, of Newbie, Annan, Derbyshire, is also seeking a declaration in its High Court claim against Dumfries-based Homer Burgess that Carrick's purported decision dated 17 September last year is not binding.

Claim issued by Dibb Lupton Alsop, Sheffield

Cambridgeshire County Council faces High Court action over damage said to have been caused to property by the roots of trees which are the council's responsibility. Jack Ogden and Eleni Vassilika of Maids Causeway, Cambridge, accuse the council of negligence and are seeking damages of more than £130,000 for the cost of repairs.

Claim issued by Badhams Thompson, Croydon, Surrey