Our firm recently achieved a successful outcome in a highly contested dispute under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), following a four-day trial.

Background

Frank Oppong acted for two claimants in a dispute concerning the beneficial ownership of a London property valued at over £600,000. The property, acquired over 20 years ago, became the focal point of intense disagreement. The matter was further complicated by parallel proceedings in the family courts, where both sides sought non-molestation and occupation orders, underlining the personal and legal stakes involved.

Key Issues

During disclosure, the defendant produced a historical letter that appeared to support their claim to the property. Our clients challenged its authenticity, prompting Frank to bring an interim application for the instruction of a handwriting expert. A single joint expert was appointed, although their findings were inconclusive as to the genuineness of the signature in question.

Trial

A total of ten witness statements were prepared from seven individuals, all of whom were scheduled for cross-examination. Although initially listed for three days, the trial was extended to four due to an incident on day three that resulted in adjournment.

Outcome

Despite the challenges, Frank assisted, Counsel Samuel Laughton at trial and we secured a decisive judgment in our clients’ favour. The court awarded our clients 100% beneficial ownership of the property and ordered the defendant to pay their legal costs.

Client Impact

After three years of litigation, our clients were understandably emotional and deeply relieved by the outcome. We are proud to have guided them to a successful resolution in such a complex and emotionally charged matter.