Michael Trevelyan was recently instructed to represent the Claimant in a three-day multi-track trial heard before Recorder Wyles K.C. at the County Court at Birmingham.
The Claimant’s case was that she had loaned £100,000.00 to her then-husband’s best friend. The Claimant asserted that her husband had acted as his best friend’s agent so as to bind him to the transaction even though there was no direct contact between the parties. Following the breakdown of the relationship the Claimant made demands for repayment but the Defendant asserted that the payment had been made pursuant to a contract in which the Claimant had agreed to purchase gold bars from him. The Defendant’s case was that the Claimant had collected the gold bars in two tranches in 2022 and 2023 and therefore the contract had been completed but, in any event, the Claimant’s husband was not acting as his agent.
At trial the Claimant and two of her friends gave evidence as did the Defendant, the Claimant’s ex-husband, in support of the Defendant, and the Defendant’s wife. On the morning of trial Michael successfully opposed two late applications by the Defendant to adduce further evidence being a new witness statement with exhibits and a copy of Scottish pleadings relating to the matrimonial assets of the Claimant and her ex-husband. In respect of the second application Michael successfully navigated unusual issues arising from disclosure of Scottish legal documents and the principles relating to their reliance in proceedings outside of that jurisdiction.
In giving judgment the Court rejected the Defendant’s case that there had been a sale of gold bars and instead found that the payment had been a loan. The Judge also found that the Defendant was bound as principal to the actions of the Claimant’s husband as agent. Consequently, the Claimant was able to recover the full debt of £100,000.00 in addition to interest. The Claimant had also beaten her Part 36 offer and recovered a range of additional sums including enhanced interest and indemnity costs. The Defendant was also ordered to pay £60,000.00 on account of costs pending detailed assessment.
Michael was ably assisted throughout by one of Chambers’ pupils, Ms. Susan Guest, who will shortly be commencing the practising period of her pupillage and will be available to accept instructions in all aspects of Chambers’ work.
If you would like to instruct Michael or Susan then please contact their Clerks