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Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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Can you answer questions on N.Ireland Law

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Can you answer questions on N.Ireland Law
Customer: replied 1 year ago.
I fear that I have just been conned I have had no reply to my detailed question which was sent at 01 04 according to your clock. You wrote that I should expect an answer within 10 minutes but every time I quiz the how long it just comes back with 8 minutes I was told a barrister Claire and then a solicitor would answer
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Continue finding a professional but dont take any money from my card after the initial one off payment which you already took and then I will make a decision on whether I continue or not. Obviosly if you cant find someone I will stop using you
We will continue to look for a Professional to assist you.
Thank you for your patience,

1. What is your actual question. I have read the facts, but now you have bought the land back from the Crown and own it, are you seeking your costs from the solicitors? Are you suing for professional negligence? The recital of facts stops abruptly half way through a sentence. If you state what your question is and where you are in this litigation.

Customer: replied 1 year ago.
I had an agreement with a purchaser of the premises in 2010 to sell these for £875K but because of the delay I eventually had to sell for £350K and I also want my costs. I put in my statement of claim and the Solicitors defence was that they weren' t instructed nor did they ever do any transfer of land. The solicitor who did the work has left the firm and I think no one else was involved and they say they destroyed the files after 7 years I have now got a date where the Solicitors have asked under section 33 (3) for a decision on time limit and when cause of claim arose I can email you the various parts of the case -----writ issue ---Statement of Claim ----Defence and my response to their Defence Robert

2. The important point is that you plead a doctrine known as res ipsa loquitur which basically means that the solicitors would be liable if they did the work and the harm arose. Here, as the solicitors have run the defence that they didn't do the work, they are essentially putting you on proof of the allegations as they have destroyed the file on you. So you need to place the burden back on them to prove exculpatory evidence that they didn't cause the harm by pleading res ipsa loquitur. This prevents them relying on their own wrong - destroying the file - to defeat your claim.

3. The other important point is that you plead the issue of Concealment of the cause of action. This is important because your greatest weakness in your case is the defence of the Statute of Limitations, namely that too much time has elapsed since the date of the damage happening so your claim should be denied. However, the operation of the Statute of Limitations is suspended whenever a Defendant conceals the facts from the Plaintiff which would allow him to plead his cause of action. Here, the Defendant has destroyed the file, so you would not know the facts of your cause of action. So you need to plead concealment of the facts for the cause of action so as to suspend the operation of the Statute of Limitations. You should plead this issue, as well as res ipsa loquitur in a Reply, to their Defence. So, you need to plead this as soon as possible.

4. Please note that I don't do a Live Phone call Request. You can get that service fulfilled by another Expert. However, Please Rate the Answer to the question as otherwise your Expert does not get paid for answering your question.

Customer: replied 1 year ago.
Hi I only tried phoning you because the reply said you preferred that. I have been able to prove they did the transfer of part of the total lands in 1998 from the land registry I have been able to prove they held on to the deeds until at least 2003 (they say) but the bank registered the deeds with the land registry in 2005. They argue I could have seen the mistake ( if they had made a mistake!) In 2003 but I know they sent the deeds directly to the bank and we didn't have sight of them and we didn't become aware of their mistake in 2010 when we tried to sell the land and offices and were advised by the buyers solicitor that there was a problem with the deeds of part of the land. My solicitor then wrote to them asking (in 2010) asking them to rectify the mistake and they replied that they didn't make a mistake and in any case it was a long time since 1998. My solicitor realised that this problem was heading to court and told me he didn't want to sue another solicitor and I got the file. I tried to find another solicitor but no one was prepared to act against another solicitor. I started doing the work myself.
In 1998 the defendants were acting for my wife and myself in the Sale of a security company PMH Electronics Ltd to ADT a large U S security Company
A contract was drawn up where the defendants would transfer the land and offices that PMH owned into the ownership of myself and my wife
The contracts,shares and Company would be sold to ADT for a cash sum.
PMH was entirely owned by myself and my wife.
Everything was done properly except the small piece of land in question as we discovered in 2010 was not transferred. This bit of land was an essential piece as it contained the gates and entrance from the main road into the offices.
I discovered in 2010 that ADT put the company PMH into voluntary wind up. ADT believed PMH had no liabilities and no assets. However because the defendants had not completed the transfer of the land from PMH to ourselves personally the land was deemed to be Bona Valentina.
I then had to negotiate with the Crown Solicitor to to let me negotiate with the Valuation Department of the Department of the Environment to buy the land back
This was completed some time between 2010 and 2012.
I had talked by telephone to Mr ***** ***** a senior partner of the defendants in June 2010 asking him to rectify whatever the problem was but he refused saying they hadn't made a mistake and advising me that we should take out insurance in case a third party claimed the land in question. I asked who would pay this insurance and he said we would have to. I pointed out that we didn't make the mistake and his firm should pay for this but he rejected this.
I had agreed in 2010 that I would sell the entire premises to a company for a total of £875K and the buyer had arranged to get the loan from his bank and he wrote to say the money was in place. However when his solicitor found the mistake his solicitor advised him not to purchase the property from us even if we had taken up the insurance as advised by Mr Wilson.
The buyer rented our premises from us until 2014 when he bought it for £350K as he knew I was under financial pressure and needed to sell the premises.
The defendants have provided a defence and I have provided a response.
The defendants are now looking for a determination on August 18th from the Master in The Queens Bench under rule 33 part 3
that the case should be thrown out because of The Limitation (Northern Ireland) Order 1989 11 (3) (a) and also because of 11 (4) (5) (6) (7) and (8)
My argument back will be the handing over of the deeds minus the deed for the land didn't occur until 2005. The cause of action didn't occur until 2010 and the writ was issued in 2015. During this time from 2010 I suffered and was treated for depression culminating in attempted suicide in December 2013 and ending up in a mental hospital and being regularly monitored. Are there any case histories that would help with my argument in favour of the case not being thrown out because of time limits

5. I don't know where you got the idea that I preferred a Phone Call. I certainly didn't state that in my replies. So disabuse yourself of that notion.

6. You should also be pleading concealment in your Defence or Reply to the strike out action in the Master's hearing in the Queen's Bench. This is a much better approach than seeking to rely upon your own mental history. The Defendants destroyed the file even though they knew you had a case against them. I regret to say a judge will not take your side when you are attempting to plead your own mental problems. Go down the concealment line instead. Raise a Reply to their Defence if you have not done so thus far. I know of no legal authorities which will ensure you win pleading your own mental history. That is the wrong approach.

Customer: replied 1 year ago.
This is what I got from just answer each time a reply came from you.
Want to Switch to a Live Phone Call?
We can talk on the phone to make it easier to get the help you need
Amount £38
100%satisfaction guaranteed.
It then asks to tick the box and then comes back asking for my phone number

7. Your own mental history is a sympathy argument you use to bolster another strong legal point. It won't get you over the line of defeating the Defendants seeking a strike out of your case. So swear another affidavit alleging concealment and file a Reply to their Defence raising res ipsa loquitur and the issue of concealment of the cause of action.

8. I regret to say some other Expert will do your Phone Call. Please Rate the Answer and finish this part of the service.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have a feeling they destroyed the hard copies of the case but the soft copies would still be on their hard drives. The solicitor who acted for us in the Sale of PMH left the defendants employment a long time ago and is now working for another firm in Belfast I used the defendants for buying and selling our homes in BELFAST prior to 1998 because my close friend was a senior partner there unfortunately he died from a long illness in 2011
Customer: replied 1 year ago.
Hi I prefer to do it by writing anyway as it avoids confusion better.
I don't see anywhere for giving as satisfaction rating
Customer: replied 1 year ago.
Hi I just saw the satisfaction stars and I gave it 5 stars and also you a bonus of 50% so I hope you get it. I have a continuous contract with justanswer and will have more questions for you over the next few months if that is O K.
Customer: replied 1 year ago.
I was for several years on the Appropriate Authority for Legal Services in N.Ireland doing determinations on what Solicitors Barristers and Advisers charged on Criminal Legal Aid Cases

9. Thanks for the kind rating. I wish you the best of luck in dealing with this issue.