Turning round an "Unmitigated Catastrophe"
When the Defendants in Beeforth and Beeforth were struck out of Court for delay, things could not have looked much bleaker for them. Their previous Solicitors had failed to produce documents in Court by a specified date.
Through no fault of their own, the clients were faced with their complex and high value 6 year old case having been struck out. They had been ordered to pay all the costs. To make matters worse they had also been ordered to vacate their land.
It was a particularly hard decision on them because this was more than just a case of losing a courtroom battle. It meant losing extensive farmland that for years had been a thriving agricultural business and leisure park. So when a friend who we had previously successfully represented in a complex and difficult matter recommended that they talk to Levi Solicitors it was a great bit of legal advice!
The Case had been decided in the Chancery Division. We felt that the striking out decision, which was for breach of a previous Court Order was not delivering real justice. That was why we decided to take on the challenge for our clients through the Court of Appeal. The decision in our favour was a legal precedent in "striking out of cases", an important and fast developing part of the Law, and our key argument was based on "proportionality".
Levi Solicitors's experience and skill, plus a fundamental desire to see that justice was done enabled the clients to get the case back on the road. In addition, a sensible offer of compromise enabled us to obtain a Costs Order against the opponent. This was all within 3 months of us taking on the case.
It was very pleasing to be able to transform this matter from initially being an unmitigated catastrophe when we first saw the clients: within 3 months we had overturned the judgment and were then able to drive forward a successful conclusion for the client. We also took action against the client's previous Solicitors and obtained compensation
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