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is this negligence?

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  • is this negligence?

    England.

    Background. Im a shareholder of a freehold company.

    I have been in dispute with a particular director of my freeholder company for 3 years. I'm in the process of considering settlement however I am looking to see if the company could personally go after this director due to their negligence and, rather than me having to take money from essentially my neighbours.

    Background.

    It all stems down to me needing a license to alter. A director on the board was trying everything he could not to give me a license for something straight forward non structural changes.

    My solicitors were dealing with their solicitors.

    Their solicitors let it be know abruptly that would no longer be representing their client and let it be known to my solicitor that their client was not following their legal advice, nor getting instructions so they resigned

    2 years on and the director has burned through 2 solicitors and 2 barristers shopping around for legal advice that backed their original positon.

    My question is: does what is described, is this negligence by this director?

    I have since had to deal with 3 solicitors, countless duplication, open court letters and 2 barristers and seek my own advice as a result.

    Note: I have email from their solicitor which strongly hits to they weren't following their advice not was he getting any instructions to progress the matter. this was said in without predjuice.

  • #2
    You probably have a claim for damages for unreasonable withholding of the licence. Your claim is against the freeholder, not one of its directors.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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