Sitting at LEEDS
Leeds LS1 3BG
B e f o r e :
| BRIAN HOGG
|- and -
Clare Dixon (instructed by Clyde & Co) for the Defendant
Hearing dates: 28 and 29 September 2016
Crown Copyright ©
2. The facts
The assets of the parties prior to the settlement
|Joint||Mr Hogg||Mrs Hogg|
|6 Whinstone Drive||225,000|
|17 Portman Street||40,000|
|Barclays Premier current||16||589||(395)|
|Barclays savings/cash reserve||6,425||30,743||14,880|
|Bradford & Bingley||161||161|
|Total||Mr Hogg||Mrs Hogg|
|Mr Hogg's state||112,692.58||112,692.58|
|Mr Hogg||Mrs Hogg|
|6 Winstone Drive||225,000|
|17 Portman St||40,000|
The events leading to the freezing order.
The offers of the Hogg Trust
30 June 2008
The negotiations on 3 July 2008
Mr Hogg's evidence
Mrs Blount's file notes
The file note of 3 July 2008
The file note of 10 July 2008
[Mr Hogg] then suggested "give her the Hogg Trust". Counsel checked he was serious. [Mr Mather] worked out the figures. I was asked to ring the Hogg Trust to check that she could draw straight away and if so how much.
The typed file note
Mrs Blount's witness statement.
I recall that both Counsel and I advised Mr Hogg that it was not necessary to offer 100% of the Hogg Trust and my note records that Counsel checked with Mr Hogg that he was serious.
Mr Hogg's complaints
3. Assessment of the witnesses.
4. The law
26. … a finding of professional negligence requires a finding that the defendant concerned did, or did not do, something which no reasonably competent solicitor would have done.
27. However, a solicitor also has a duty to follow his client's instructions. If a client, having been appropriately advised, gives a solicitor instructions, then the solicitor is obliged to follow them.
5. Discussion and Conclusion
the Hogg Trust
The Scottish Widows