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Time scales for barrister/QC’s letter . . .

7 replies

user1488481370 · 27/07/2021 18:31

Recently started the ball rolling for a proprietary estoppel claim. Throughout the process I’ve been told not to delay and to act as quickly as possible.

I sent a chronology spanning almost 40 years 5 weeks ago so that my legal executive could instruct counsel to start her letter to the executors of my mother’s will. Money has been paid up front yet I haven’t heard anything as yet. I know that the QC could have weeks/months booked out in court but I did think I’d have heard something back now. As far as I’m aware the executors haven’t received any letters.

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Disneycharacter · 30/07/2021 18:20

Also challenging a will under PE. I thought it was all dealt with via a solicitor dealing with contentious wills. Is this going to court then?

user1488481370 · 30/07/2021 19:08

@Disneycharacter I really have no idea how this all works . . . We sought legal advice and were advised that OH had a case for proprietary estoppel (while other thread)

I had a conference with a barrister who said that she felt OH had a very good case. Initial proceedings involved said barrister writing a letter to the executors of my mother’s estate informing them of my wish to proceed with a PE claim. However I was told that mediation would be the next step and that they like to try and keep these things out of court as far as they can managed.

I submitted a chronology so that counsel could write the letter but I haven’t heard anything at all back almost 6 weeks on.

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lilyfire · 30/07/2021 19:11

Are you using a QC?

harriethoyle · 30/07/2021 19:23

It depends on a) whether your solicitors have instructed the barrister ie sent the letter b) when they did c) what chambers turnaround is. When an instruction comes on and is accepted, a date of delivery is agreed between solicitor and counsel's clerk. I'd check with your solicitor on Monday morning and take it from there

user1488481370 · 30/07/2021 19:35

@lilyfire our legal executive refers to her as counsel so I’m guessing so?

@harriethoyle thank you, I was going to give it until the end of this week and then get in touch on Monday which is what I’ll do, even if it’s just to touch base. Everything has been paid for upfront and we’re up to date with all fees so far.

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lilyfire · 31/07/2021 08:40

If they are referring to her as counsel then it won’t be a QC unless they’ve talked to you about it first. QCs are Queen’s Counsel - barristers that have been specially appointed. They are usually very expensive and you’d normally only use them in a particularly difficult and complicated matter.
Agree with the above - your legal exec should be able to give you a date for the letter to go out. 6 weeks is too long not to hear anything.

user1488481370 · 01/08/2021 22:28

@lilyfire thank you for clearing that up. I have no idea how this all works!

I’ve sent her an email chasing the matter up. I’ve lost a bit of faith in them to be honest.

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