December 4th 2007 a Business Transfer Agent (ST) was handling the Sale of Land with outline planning Consent & the terms for an Option on adjacent land both Sites owned by me. Having discussed potential term over several weeks between ST, the Developers Land Director(NB) & myself we put the information in the hands of my Lawyer (DMR) who agreed, 6th December 2007 to act Personally on my behalf for both the Sale of Site A & the Option for Site B.
NB was clearly experienced & put forward the basis of a Formula for the Option. Whereas neither ST or Me had no knowledge or experience. I was unconcerned as my choice of Lawyer whom I had used before was an Expert in Options & Overage. Consequently I believed I was in safe & reliable hands?
From the outset from notes on an email; DMR disliked the formula? He permitted the Formula to remain in 2 Draft & a Final legal document? Void of any evidence to substantiate the claim! He claims "It would be a waste of Time & Cost" to change the formula as the other Party would not accept any change. This was never discussed with his Client? By not drawing my attention too & advising his Client of his Observed Risk or Trap. He Breached his Duty of Care & was Negligent?
Over the following 4 months he had numerous opportunities to explain any Risk to his Client? On 7th April 2008 I was shown 2 Legal Contracts: The Sale of Site A & The Option to purchase Site B subject to gaining Planning Permission. I asked a direct Question regarding the 27 page Option? "Is there anything in the Legal Document that I should be concerned about"? His 'Off the Cuff' Response was: "If Land Values continue to Fall as they are now you may only be Offered £1:00" My 'Off the Cuff' response was that I could never envisage Residential Building Land would be worthless!
On August 3rd 2010 when I was offered a Nominal £1:00 for my Option Land I realised that he knew from the start? I later realised he had not addressed my question? He was commenting upon the then Financial Crisis? Despite his knowledge he allowed me to sign Oblivious of any Risk or Trap?
The 12 month option was due to expire on 6th April 2009? However, a clause permitted the automatic extension if the other Party was waiting for Written Consent fro the Planners. They had up to 93 days from receiving Permission but not beyond the Long Stop Date of 6th July 2010! DMR maintained it had expired & the Variation was required to ensure that a decision was received in respect of the planning application so the Developers could decide whether they wished to exercise the Option for which they had paid?
I suspect he forgot who his client was? He was clearly aware of the Risk to my Financial Interests. It was an unnecessary 6 month Variation as there was up to 15 months more to the Long Stop Date? This was not in his Clients Financial Interests. Furthermore without any discussion DMR had permitted the Long Stop Date to be extended also by 3 months until 6th October 2010. But for the latter I would have retained my Land as of 6th July 2010. As the Developers did not receive the written decision until 13th August 2010. After the original L S Date! I was legally required to Transfer my Land to the Developers fo no further Consideration.
The Developers built 14 x 4 Bedroom Detached Executive Homes? The Variation was a Ruse as the 6 month was not required. I was a Ruse to extend the Long Stop Date. DMG denies this, however, there can be no other Logical reason! DMG showed a Gross Dereliction of his Duty of Care to his Client!
The case for the Defense is contrived by suggestions & erroneous assertions totally void of evidence?