Hastings Forum

Maybe a long shot, because people's experiences all vary, but I wonder if anyone would care to recommend an efficient and good local solicitor?

My friend has an odd property dispute: a garage which he bought for storage purposes some years ago from a local property developer was recently broken into by the said developer and re-possessed (temporarily) and the contents sold off! The developer denied that they knew anything of the garage-sale, even though my friend has all the relevant documents and evidence of the bank payments made at the time.

At first sight, my friend appears to have a cast-iron case and the developer's actions appear to be the result of some dubious motives or more probably sheer stupidity. But the amount of compensation, in particular for the value of the contents, will be the bone of contention, because my friend did not keep (or see the need to keep) precise records of every item.

It would help his case if he could be pointed towards a sharp-minded solicitor who will work conscientiously for him.

I am not sure about a solicitor but it may be worth making a claim through a small-claims court, as follows:

https://www.gov.uk/make-money-claim

Failing that, and cheaper than a solicitor, mediation may be the answer.

http://civilmediation.justice.gov.uk/

Precise records of every item are not always required, often bank statements can act as 'receipts' or photographic evidence, as much evidence as possible to show that he is not making a false claim, as these are are all-too-common.
If your friend has insurance, as part of a property protection he may then have access to their free legal advice also.

Thank you, Richard,. The Law Society have for now provided the name of a local property solicitor, whom my friend is going along with.. He needs professional help since his knowledge of the law is zero and there are some tricky points at issue.

For one, it does not really make sense that the property developer had not retained records of the garage sale. Nor is it completely believable that, when the developer found the garage padlocked and full of someone else's valuable items, he didn't realise that he might be committing a criminal offence by entering and disposing of the contents.

A smart lawyer would make much of that, so it will be interesting to see how it turns out. Ignorance is of course is a poor defence in law.

Yes, I have told my friend that he needs to collect as much circumstantial evidence of his possessions as possible, even though the rules of evidence are somewhat different from those in a criminal case. At the worst, in a complete lack of proof, I have known of courts merely deciding which side's story is more believable!

The view that documentary proof is needed for a contract, or any kind of dealings, is a myth - since the beginning, business agreements have been made on the shake of a hand and are perfectly legal.