In this matter, Rebecca represented the Claimant, who brought a claim via a litigation friend due to having lost capacity and the Defendants were litigants-in-person, one of whom required the use of an interpreter.

This was a claim in trespass and further concerned a counter claim on the basis the property was a gift or, in the alternative, an interest had vested in the Defendants by way of a common intention constructive trust.

This case involved complex legal principles and factual matrix, involving four properties over several decades with changing ownership.

In addition, there was little documentation to provide strong evidence in support of the position of either side and Rebecca’s client’s lack of capacity posed an obvious issue in respect of rebutting the oral evidence of the Defendants regarding conversations and promises that took place in support of the counter claim. There was, however, a significant amount of indicative evidence that required linking together to create the true picture for the Court, which Rebecca was able to do both within the cross-examination, closing submissions and skeleton argument.

All parties and witnesses were close relatives and friction had existed for at least 20 years. Rebecca had to utilise her experience and skill to ensure the emotions within the proceedings were not detrimental to the Claimant’s case. She cross-examined the Defendants for a significant period which involved cross-referencing a large number of documents to raise the relevant inconsistencies.

Rebecca was entirely successful in the claim and the counter claim was dismissed in full. The Court wished to provide time to the Defendants but Rebecca reminded the Court of the relevant authorities and that, in a trespass case, the order for possession must be forthwith. Rebecca further secured an order for payment on account of costs of £40,000.00.