Alleged property fraud claim dismissed at trial

Ben Amunwa successfully represented the Defendant in Avuru v Overare (2017), a recent case concerning alleged breach of fiduciary duty in the sale of an investment property following a “ catastrophic breakdown in relations between the parties". There was an extensive history of unreasonable conduct by the Claimant’s solicitors, who had presented “insufficiently pleaded” allegations of fraud.

After a 5 day multi-track trial in the Queen’s Bench Division of the High Court, His Honour Judge Dight dismissed the claim in its entirety and found that the Claimant "willingly and knowingly entered into the transaction”.

As a result of the Defendant’s costs submissions, the Claimant was ordered to pay eighty percent of the Defendant’s costs on an indemnity basis with an advance payment on account of £28,000 due within 14 days.

Ben was instructed by Salmaan Islam of North Ford Solicitors. A case summary is now available via Lawtel  and on Westlaw.

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