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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience:  Barrister 17 years experience
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I owned 80%share and my brother owned 20%of the property supported

Customer Question

I owned 80%share and my brother owned 20%of the property supported by an Agreement
on 15 August 2003.
My brother is going through a Divorce Proceedings and I went to Family Court as an
intervenor for three days.
The District Judge ruled that the above mentioned was false and that our intention was to deprive my brothers wife half the share of the property value.
What are my chances of success in percentage terms if I go for an appeal ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I mean that the Agreement was false as ruled by District Judge
Expert:  Buachaill replied 1 year ago.
1. Dear Chandu, it is most unusual for a court to rule that the terms of a written agreement are false and the parties are engaged in fraud. Accordingly, I am not surprised that your solicitors are advising you and your brother to appeal the decision. My own view is that so long as the Agreement of 15 August, 2003, is a genuine agreement, I would advise you to seek an appeal. However, if the Agreement of 15 August, 2003, is not a real agreement, I would advise you to forget about the appeal. You will only have a good chance of successfully appealing, if the Agreement is in fact genuine. Otherwise, if it isn't, your brother is simply wasting more legal costs.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The 2003 Agreement was drafted by me with a help of a Solicitor and witnessed independently by my Soicitors .and my brothers solicitor.The property was bought in Jan 1973 and every time I spoke to my brotherabout legalising the Agreement,he
resisted as he feared that would breakdown his marriage.
Hence the Agreement was done in Aug 2003.
I contributed £11200 for the cost of the property of £15000 which equates to about 75%
Based on this what are my chances for an Appeal?
Expert:  Buachaill replied 1 year ago.
3. Very good. However, it sounds as if your brother wasn't truthful with his wife. So this will reflect badly upon the arrangement. That may be why the District Judge made the comments he did.
Customer: replied 1 year ago.
At the hearing,the judge stated that the legal Agreement was a Express Trust in 1973 and became a Legal Trust in Aug 2003.
I have the original Agreement which was sent to Land Registry and my name was registerd as a Cautioner on 2 Sept 2003 and
I have the original letter to this effect from Land Registry.
I await your expert advice.
Thank you for pataintance.Chandu
Expert:  Buachaill replied 1 year ago.
4. Dear Chandu, I would definitely tell you to appeal. I am surprised, given the fact there were lawyers involved that the agreement was rejected. It sounds as if the judge took a very blinkered view.

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