Two women claim recognition from Mandela’s estate

Two new possible heirs to Nelson Mandela have written to the Executors of his Will seeking recognition as his daughters. One has even taken a DNA test in an effort to prove her claim. They are both contesting his Will which is worth roughly £3 million and allege Nelson Mandela had illicit affairs with their mothers whilst he was married.

The estate, in accordance with the Will, will be shared between his family, members of his staff, schools that he attended and the African National Congress (the movement that fought white rule and now governs South Africa). But the women’s lawyers have requested the Executors not to distribute Nelson Mandela’s estate in accordance with his Will for the time being.

Read more →

The Financial Ombudsman Service (FOS) – two bites of the cherry?

At Redress Law we deal with a variety of claims against banks, financial advisers and others who provide financial services in the UK. Some cases proceed straight to litigation, but there are good reasons why we pursue complaints initially to FOS on behalf of our clients.

Three good reasons to make a complaint to FOS

1. The scheme can be quicker and less formal than court proceedings: Section 225 (1) of the Financial Services and Markets Act 2000 which provides for the Redress Scheme says that it is aimed at resolving disputes quickly, with minimal formality by an independent person.
2. FOS can make binding awards of up to £150k, and if it thinks it appropriate make a recommendation that a complainant should be awarded more than £150k where it is “fair and reasonable”. Considerable pressure can be used to encourage payment of a higher sum.
3. And… the award could be used to fund a court claim!

As for 3, what is the court’s approach?

Read more →

The Mortgage Market Review

In 2008 the global financial system was on the edge of collapse. High risk lending and borrowing not only threatened the stability of major financial institutions but also caused severe hardship for many individuals.

Due to the widespread effects on the UK mortgage market, the banking regulator conducted a comprehensive review to ensure sustainability and fair practice within the marketplace.

Read more →

Judicial Review – can solicitors be punished for simply upholding the law?

From a young age we’re all taught to think about the consequences of our actions, but what if our actions have simply been to follow the letter of the law, and yet still we get punished?

Recently a firm of solicitors who were evicted from their Council owned premises, simply for bringing too many personal injury claims on behalf of clients against the local authority. Eventually the Council decided enough was enough and decided to make life difficult for the solicitors by evicting them. Presumably, the idea was to punish the solicitors and cause them as much disruption as possible. It may also have deterred other law firms from bringing such claims for fear of repercussions.

Read more →

More Bank Claims

The banks have been under the cosh for some time, following the financial crisis and then a series of mis-selling scandals. There have also been questions over interest rate manipulation and other indiscretions. It seems another issue has arisen, this time concerning wrongfully charged interest on personal loans. The problem is that in many cases, banks failed to provide the necessary information to customers when issuing arrears notices or loan statements.

Read more →