Page 7 - Hunstanton Town & Around - May 2015
P. 7

Tel: 01485 533422 email:                 Hunstanton Town & Around May 2015 7
       Sea air and pleasant atmosphere;                     THE NORTH & WEST NORFOLK
       not enough

       Written by Miranda Marshall –                          SOLICITORS
       Director at Hayes + Storr
                                                                  We offer a range of legal services
       The  case  of  Lothian  v  Dixon  and
       Webb was heard in the High Court in                        across North and West Norfolk.
       November last year and has just been                       Trust our specialists to give you the
       reported. Like many legal cases there                   bespoke advice and support you need.
       is a story behind it which, in this case,
       has a happy ending.                                     FOR INDIVIDUALS        FOR BUSINESSES
        Helen  Lothian  was  a  cousin  of                     -  Wills & Probate     -  Employment Law
       Helen  MacArthur.  Mrs  MacArthur                       -  Elderly Client      -  Planning &
       owned a seaside hotel in Scarborough                     Support Services        Development
       which she had inherited from her parents. Her Will, made in 1983, left  -      -  Agriculture
       it equally to her cousins (Helen Lothian and Patricia Webb); however,  -  Divorce & Family   -
       she had gradually lost contact with Mrs Webb.            Dispute Resolution    -   Commercial Property
        In 2010 Mrs MacArthur discovered she had inoperable terminal  -  Buying & Selling   Landlord & Tenant
       cancer and asked Mrs Lothian to live at the hotel, to look after her and  Property  Disputes
       to help run the business up to her death; in return for which she would
       leave Mrs Lothian all she owned. This was a big upheaval for Mrs  PROFESSIONAL ADVICE | PERSONAL SERVICE
       Lothian as she and her husband lived in Scotland and had their own
       business there.
        Mrs MacArthur gave instructions to her solicitor to make the new              Solicitors
       promised Will but died in 2012 before she could sign it. By then, Mrs          & Notaries
       Lothian had spent most of the previous two years at the hotel, running
       it and looking after Mrs MacArthur. Mr Lothian came down from
       Scotland at weekends to help.                         Fakenham  01328 863231        Holt  01263 712835
        The estate was worth over £1million.                 Hunstanton  01485 524166     King’s Lynn 01553 778900
        Mrs Lothian brought a claim for proprietary estoppel. To bring such  Sheringham 01263 825959     Wells   01328 710210
       a claim successfully it must be shown to the Court that
       1. an assurance;
       2. has been relied on;
       3. to the detriment of the person promised, to such a degree that it
                                                                                                     AA Rosette
       would be “unconscionable” not to grant relief.                                                Restaurant
        By law, even if the Court agrees that relief is appropriate, the person
       promised will not necessarily get all that they were promised. The
       amount of detriment suffered is taken into account so that the order is
       proportionate. His Honour Judge Roger Kaye QC decided that here   NEWL  Y REFUR  BISHED
       the detriment suffered was substantial. Even though there was no   REST AUR ANT & B  AR
       legally binding agreement, Mr and Mrs Lothian had changed their lives

       entirely, for an indefinite period, to help Mrs MacArthur.    locall y sourced a w ard winning
        Mrs Webb argued that the ‘pleasant atmosphere and sea air’ and free  food and sunda y lunches
       board and lodging were enough compensation; but the judge disagreed.
       Mr and Mrs Lothian were awarded the entire residuary estate.
       “This article aims to supply general information, but it is not intended to
       constitute advice.  Every effort is made to ensure that the law referred to is
       correct  at  the  date  of  publication  and  to  avoid  any  statement  which  may
       mislead.  However no duty of care is assumed to any person and no liability is
       accepted for any omission or inaccuracy.  Always seek our specific advice.
       If you require advice on this matter please contact our Private Client
       Department on 01485 524166.  If you require advice on any other legal
       matter please telephone our Hunstanton office on 01485 524166 or
                                  HUNSTANTON CARNIVAL                            restaur ant
                                       28th June 2015
                                    Theme: Star Spangled                  caley hall hotel
                                 Banner & all things American
                                                               old hunstanton road, old hunstanton
                                                               old hunstanton road, old hunstanton
                                     Contact: Steve Ellis        norfolk pe 36 6 hh  tel 01485 533486
                                       07742 783959
   2   3   4   5   6   7   8   9   10   11   12