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plclegal
plclegal, Barrister
Category: Law
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Experience:  Barrister at law
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Could yo be so kind as to suggest a website where I can find

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Hello. Could yo be so kind as to suggest a website where I can find a practice or template for a no-money conversion small claim for the return of property to me from another party. Thank you
JA: Where are you? It matters because laws vary by location.
Customer: In the UK. What a swift answer.
JA: What steps have you taken so far?
Customer: I have written to and spoken to the party who refuses to return the item under any conditions.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you so much for your help.

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Return of property is dealt with by way of Part 8 of the Civil Procedure Rules. - you do not use the money claim site for this as you are not suing for money.

Can I ask for further details of the dispute and what you are looking to achieve.

Thanks

Customer: replied 1 year ago.
In 1972 a ceremonial sword belonging to my family had been displayed on a funereal monument in a Warwick Church, Lord Brooke "borrowed" the sword for an exhibition of armour - without a faculty - and then refused to return it. In 1978 he purported to sell it to Madame Tussauds - without a faculty who in trun sold it to Merlin Entertainments Ltd.
I am an author and In 2010 I was sworn in as the "Curator of the Sword" and tasked with returning to sword to the church. A picture of the sword is here: https://www.masterofshakespeare.com/monument-without-a-tombeMerlin have refused to return the sword. I cant get involved in big costs so I wish to sue in the small claims court for its return and need a template for the particulars of claim.

Thanks, ***** ***** not have a template unfortunately so I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

There is not a template as such for a particulars of claim. We as barristers draft each individual document for each specific case.

This guidance here should assist you in drafting this though:

http://guide2law.com/drafting-particulars-claim

I hope this helps?

Customer: replied 1 year ago.
Dear *****. Thank you very much. Rene

My pleasure.

I will remain available for any follow-up questions, should you have them.

Customer: replied 1 year ago.
Dear *****. I could do with more advice; can I make a conversion claim in the small claims court online? Please forgive me sending you what I have knocked out for my claim just so you know what Im trying to do. I'm 73 and cant afford to start lawyers and barristers on this.1. I am Rene Brooke Fulke Greville of 7 Clere Close, Wymondham, Norfolk, NR18 0RB and I seek an Order from the Court for the return of consecrated religious relics unlawfully taken from Sir Fulke Greville, Lord Brooke’s monument in the Collegiate Church of St Mary, Warwick, in 1972, and currently in the possession of Merlin Entertainments Ltd. of Link House,***** Poole, Dorset, BH15 1LD, who claim ownership of the Sword and relics “by purchase” from Madame Tussauds and who have refused to return them to St Mary’s Church.2. The relics include a Ceremonial Rosicrucian Sword (see Exhibit RBG1), two other swords, a dagger, a tournament shield, two tournament helmets, and a pair of spurs, all of which lay on the sarcophagus of Lord Brooke’s monument in the Chapter House of St Mary’s Church, Warwick for four hundred years (see Exhibit RBG2), and a White Banner, which hung in the Chapter House.3. In 1618, Sir Fulke Greville, later Lord Brooke, made an agreement with St Mary’s Church, Warwick, that he would take over the small Chapter House of the Church and build a monument there. On his death in 1628, the Sword and the other relics were laid on the sarcophagus of his Monument and consecrated there.4. The relics formed part of the funerary monument and therefore belonged to the heirs at law of the persons in whose memory the monument was erected; s.66 (5)(b) of the Faculty Jurisdiction and Care of Churches Measure 2018.5. An 18th century engraving of the Monument shows the Sword and helmets lying on the sarcophagus (Exhibit RBG2) and in 1815, the historian William Field described Greville’s monument as decorated with three swords, a dagger, a tournament helmet, spurs, a shield, banners, and pennons (An historical and descriptive account of the town and castle of Warwick, 1815). In 1905 Thomas Kemp in his History of Warwick and its people (1905), described the monument and relics and “a white banner which was hung against the walls of the building”.6. In 1901, workmen employed by Francis Greville, 5th Earl of Warwick, opened the sarcophagus of the Monument and removed the contents (which are unknown). The opening of the sarcophagus and the removal of its contents was carried out without a faculty from the Chancellor of the Diocese of Coventry and was therefore unlawful.7. The Earl, not wishing to carry out pressing repairs to the Chapter House then gave up all rights to the Chapter House and its relics for himself and his heirs. A brass plaque on the wall of the Chapter House records the surrender of the Earl and his heirs to any rights to the Chapter House, the Monument, the Sword and the other consecrated relics.8. Upon the surrender of his rights and his heirs rights in the Chapter House by the 5th Earl of Warwick, the male heirs of the Honourable Algernon Greville, younger son of Fulke Greville, 5th Baron Brooke, have been the Legal Guardians of the Chapter House of St Mary’s Church, Warwick, and the owners (with Her Majesty, the Queen, by virtue of her descent from Fulke Greville, 5th Lord Brooke and as Supreme Head of the Church of England), of Fulke Greville, Lord Brooke’s Rosicrucian Sword and the other consecrated relics unlawfully taken from his monument in 1972.I and my three brothers and my grandson, are now the legal Guardians of the Chapter House and the legal owners, with Her Majesty the Queen, of Lord Brooke’s Rosicrucian Sword and relics taken from the Monument in 1972.9. In 1963, Fulke Greville’s Sword and other relics were examined in situ by expert armourers at the Victoria and Albert Museum. The Sword was photographed (RBG1), and the V & A identified Lord Brooke’s Rosicrucian Sword as “an early 17th century robe sword”.10. In 1972, the relics were loaned to David Greville, Lord Brooke, later 8th Earl of Warwick, for an exhibition of armour at Warwick Castle. No faculty from the Chancellor of the Diocese of Coventry was applied for or granted and the loan was therefore unlawful. Lord Brooke then refused to return them to the Church.11. In 1978, Lord Brooke sold Warwick Castle and purported to sell the Sword and the other consecrated relics to Madame Tussauds. No faculty was applied for or granted by the Chancellor of the Diocese of Coventry, and thus the purported sale was unlawful and Madame Tussauds acquired no title to the Sword and the other relics.12. In 2007 The Tussauds Group sold Warwick Castle and purported to sell the Sword and relics to Merlin Entertainments Ltd. No faculty was applied for or granted for the sale of the relics and thus the sale was unlawful and Merlin Entertainments Ltd acquired no title to them.13. In 2009, I was appointed as “Curator” of Fulke Greville

Happy to assist but please accept and rate for me to be able to do so. It will say "end this conversation" but that is not the case, the thread remains open.

Please also clarify what you require in terms of further assistance?

Customer: replied 1 year ago.
Dear *****.I was appointed by the Church as Curator of the sword and I am just trying to get it back to St Mary's Church, but now Merlin realise how valuable it is! This is the last part of my attempt so you can see what I'm asking for:13. In 2009, I was appointed as “Curator” of Fulke Greville’s Rosicrucian Sword and relics after making vows to The Reverend Vaughan Roberts, Vicar of St Mary’s Church, in front of witnesses. I was tasked with securing the return of Fulke Greville’s Sword and the other consecrated relics to St Mary’s Church.14. In February 2020, I corresponded with Merlin Entertainments Ltd and on the 27th of February 2020 I spoke on the telephone with Mr Neil Haskins, manager of Warwick Castle. In the conversation Mr Haskins agreed that the Sword and relics held in the Castle were originally from Fulke Greville’s Monument in St Mary’s Church but he maintained that they were the property of Merlin Entertainments Limited by purchase and that Merlin refused to return them to me or St Mary’s Church.15. On the 3rd of June 2020, an employee of Merlin Entertainments Ltd told the The Times of London in a phone conversation that they would not return Fulke Greville’s Sword and relics because they had never been on his sarcophagus in St Mary’s Church and had an entirely different provenance, although this alleged alternative provenance was not stated.16. I respectfully ***** ***** Court to Order that Merlin Entertainments Ltd hand over the Sword and the consecrated relics to me, as their part-owner and Curator, and thus securing their return to their proper place in St Mary’s Church, Warwick.

I see.

Your case is clear from the text you ave pasted - so for the purpose of the P of C it should suffice.

I hope that assists.

I will remain available for any follow-up questions, should you have them.

plclegal, Barrister
Category: Law
Satisfied Customers: 8111
Experience: Barrister at law
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