Case Studies

We are instructed in many matters and here are a few which you may find interesting.

In 2009, we were instructed by a long established Client to make an Application for Possession of an expensive flat, which they had evidence was being used as a brothel; and to lighten the issue the following is the police report of the officer who attended. The names and and address has been excluded.

"This statement is made in regards to xxxxxxxxxxxxx. I am PCxxxxxx attached to Lancaster Gate Safer Neighbourhood Team. I have been a police officer for eight years and have been at my present post for more than four years. I have made many brothel visits and am experienced in detecting the trappings associated with brothels. On Friday the 3rd April 2009 aat about 17.20 hours I, along with PS xxxxxx and PCSO xxxxxx visited the above premises. The reason for our visit was as a response to complaints we had been receiving, stating that the flat was being frequented by many different men, who would often ring the door bells of other flats, leading the neighbours to believe that the flat was being used as a brothel. When I knocked on the door, I soon heard a female voice saying 'oh my god, it's the police'. I then called out through the door that it was police and aksed for them to open the door. After several moments the door ws opened by a dark haired female who later identified herself as, xxxxxx xxxx xxxxxx, born 04/12/1989. On my request, Ms. xxxxxx let us in. I then asked if there was anyone else in the flat, and at that moment a male with dark hair, about 5'5" with medium build, came out of the bedroom to the left. I again asked if there was anyone else in the flat. and as I was asking this, a female with blonde hair, which appeared to be a wig, appeared from behind the door. This female later identified herself as xxxxxx xxxxxx born 04/07/1989. I then asked the male to go into the room down the the hall on the right. After he had gone, I asked the ladies who the man was. Ms. xxxxxx replied, saying he was a friend by the name of John, but did not know his last name. During this conversation, I noticed the bed was unmade and that there was a box of tissues on the bed and a couple of tissues scrunched up on the night table next to the left side of the bed. I told the two females that we were visiting because we had complaints from their neighbours, and it was beieved that the flat was being used as a brothel. Neither of the females denied nor admitted that they were engaged in prostitution. I then went down the hall, to where the male was standing just inside the kitchen, on the left. I showed him into the lounge where I saw an unmade bed in the far left hand corner of the room as we entered. Immediately to my left was a television and in front of it on the floor were two movie boxes showing pornographic scenes on them. Before I could say anything, the male said, "yes they were working girls, (a common term used to mean prostitue) and no, my name isn't John". I explained to him that, I would have to take his details, but he eas hesitant. I noticed that he had a wedding ring on his finger, so assured him that he was not in trouble with us and had not committed any criminal offences. He then gave his name, which I recorded in my pocket book 35K page 29. The male then left and I spoke to the two females, and informed them that their client had admitted that the girls were working girls. The two girls started giggling and Ms. xxxxxx said "we don't say clients, we call them friends". I explained to the ladies that they were not committing an offence and that prostitution was not a crime. I further explained that our concerns were for their welfare and that of their neighbours. I then asked whether they were providing their services of their own free will. They just giggled, so I tried to put them at ease and asked again, to which they replied that they were not being forced. It was evident that they were not under age as they produce identification, which I was able to confirm. Name checks were carried out and neither were known to the police. I then told them what the law stated about brothels and that I given the evidence I would be informing their landlord that, the flat was being used as a brothel, which would mean that their lease would be terminated and they would be evicted". 

The result of this case was that we applied for possession, but the tenants vacated before the possession Order was issued.

We were instructed to collect a debt owed to a meat supplier by a wholesaler. The debt was the balance outstanding of £8,500 of the original debt for £10,500. The invoice was for the supply of a piece of machinery which our client sold to his customer. Our client informed us that the delivery note stated that the machine remained the property of our client until paid for in full. It was a form of “Retention of Title”. It was worded in such a way that the term was implied and did not seem contractual. We attempted to collect the money due without success and we were refused access to remove the machine. We applied to the Court for an Order for entry to the premises where the machine was installed. The Court granted an Order and we made an Application for a Warrant of Execution for property. The Court Bailiff duly attended with our client’s engineer and remained on site for 4 hours until the machine was dismantled and removed. 

We have acted for a few owners of freehold flats, whereby the tenant/leaseholder had not paid the service charges. When the leases were bought with a mortgage, we wrote to the mortgage company and; after some correspondence when we had informed the mortgage company that we intended to apply for the lease to be rescinded, the mortgagee paid the service charge and added it to the mortgage. Obviously, this action can only be pursued when there is a mortgage. 

We were contacted by a lady who was the Power of Attorney over her mother’s estate as her mother had been detained under the Mental Health Act. Her mother was shortly being released for home monitoring and there were squatters in her mother’s property. We applied for a Possession Order to evict the squatters and pasted the Hearing papers to the door of the property. The Court issued an Interim Order, but one of the squatters attended the Hearing and informed the Court that they had a Tenancy Agreement. The Judge set a date for a full Hearing and issued an Order for the squatters to supply copies of the Agreement to our Client. From the papers passed to us, it appeared that a third party had broken into the property, changed the locks, and rented the premises to the squatters, who were an innocent party. They had been paying £1,300 per month for 3 years at the date of the Hearing. The Judge, for some unknown reason, stated that our Client was entitled to make the Application for Possession, but was not empowered to actually take possession, a strange decision. After several different Applications, a solicitor was instructed who specialised in this type of problem and at the dated of posting this case on our site, December 2009, the matter is still unresolved since August 2008. 

A Managing Letting Agent instructed us to ascertain if a lessee of a public house was subletting the upstairs of the pub, contrary to the terms of the lease. We attended the pub on the basis that we wished to rent a few rooms for the occupation of labourers on a development in the vicinity, paid a deposit of £50 and obtained a receipt. We were then requested to take photos of the rooms and how they were laid out. We returned at a later date and asked to view the rooms, paid a further £50 deposit and in the absence of the lessee took photographs of the rooms containing several beds, a fridge, and a microwave oven, and a notice in the upstairs hall and then submitted a report to our Client.  

A firm of Funeral Directors, who we had acted for in the past, contacted us regarding an outstanding account due from a funeral for a lady who died leaving no next of kin and intestate. The deceased’s bank was the Executor of the lady’s estate and had sold her house and paid the money to the Treasury. After much investigations and correspondence, we contacted the Treasury Department dealing with these matters and obtained settlement from the Crown. 

We were recommended to the manager of a café in the West End of London who, over a period of some years, supplied sandwiches for meetings of various departments of a large PLC building contractor, the sum being in the region of £4,500. After many enquiries and letters threatening legal proceedings, we made contact with the manager of the H.R. department who informed us that they would accept responsibility for settlement and then ascertain the various departments to claim from. 

We have, on numerous occasions, issued Statutory Demands against individuals and companies and have on a few occasions followed them up by issuing Winding Up Petitions and Bankruptcy Petitions. In one particular case, obtaining £21,000 in settlement, against an offer of £14,000. 

We acted for a Hire company that franchised their business to franchisees, who added the name of the area to the name of the franchised company and then incorporated. In this particular case, a franchisee owed us money and ceased trading after we had issued legal proceedings and entered Judgment. However, the Court had inadvertently omitted the area in the name of the Defendant, thereby entering the name of the franchisor with the Registrar of County Court Judgments. We wrote to the Court at the onset, pointing out the error. In due course, the franchisor applied to renew their overdraft with their bankers which was rejected as the franchisor has a C.C.J. registered against them. We supplied copies of the correspondence sent to the Court and in due time the mistake was corrected. This is recorded as a Case Study to point out how meticulous we are in perusing all papers in any action. 

 We were instructed by a long standing Client to have a Judgment set aside as the debt was disputed and the Client had not received the Court papers, which we did. As a result of the original Judgment, a Charging Order had been obtained by the Creditor on a property owned by our Client; we subsequently applied for, and obtained, an Order to rescind the original Charging Order and duly reported to our Client. 

It is important that due process is followed within any legal matter. Despite being warned, a prospective client was informed that you cannot change locks on premises if the tenant has not paid rent, as this is a criminal offence. He informed us that he did do that once and was arrested and spent the night in a prison cell. 

On a few occasions, a debtor has been arrested, not for an outstanding debt, but for contempt of court, for not complying with a court Order to attend court when requested.

It never ceases to amaze us of the various instructions we are given and, undoubtably, there will be more "strange" ones in the future.