Latest news with #solicitor
Daily Mail
a day ago
- Daily Mail
EXCLUSIVE My neighbours have built an extension over my property by 15 INCHES... it has destroyed my home and left me facing £85k bill
A single mother has claimed a neighbour 'destroyed' her home after building a new wall that encroaches onto her property by 15 inches. Brenda Grant, from Uxbridge, west London, said Amarjit Singh Dhunna sliced her plastic conservatory roof to build his own extension wall, but left small gaps allowing water to run and leak into her property. After taking the case to court, Ms Grant owes £25k to her solicitor and fears she could lose her home of 22 years. The mother-of-one also faces a £60k bill to fix the water damage to her walls and floors. Ms Grant told MailOnline: 'Since he cut the roof, water has been coming into the conservatory; I have a report from a builder that it is destroyed. 'This has made me depressed. I have anxiety and panic attacks. I lock myself in the house and I am withdrawn, I don't come out. 'My son [is so depressed] he doesn't go to school. Basically he locks himself in his room.' Do YOU have a story? Email After the building work went ahead in March 2021, Ms Grant lodged a complaint claiming she had never been informed and businessman Mr Dhunna did not have planning permission to cut the roof and build over it. A small store room connects her property to Mr Dhunna's next door and the pair disagree about where the boundary lies. However, when Ms Grant got a land surveyor out to investigate, a report suggested Mr Dhunna's new wall hangs over the boundary line by 0.4metres - around 15 inches. She claims her neighbour had no right to cut the plastic roof and argued the new wall clearly hangs over onto her land. Ms Grant said: 'I sit in the house and I cry all day because I can't believe that someone's cut my roof. 'It's traumatising to point that I just want to kill myself, [...] even my son wanted to kill himself because of the amount of emotional stress, panic attacks, and he's lost out on five years of his life.' In October 2021, months after the work took place, Mr Dhunna - who does not live in the property but houses tenants there - received retrospective planning permission for the build by Hillingdon Council. 'It was given to him even though I tried to tell the council that he's on my land,' Ms Grant said. The red line shows the boundary between the two properties. The green line suggests Mr Dhunna's new roof line is hanging over onto Ms Grant's land 'When they cut the roof, because they didn't put any gutter in or any lead flashing, when it rains the water comes down into the property, so it's destroyed the conservatory. 'The floor is sunk and the walls have subsided inside. So the builder said it's £60,000 for that.' Ms Grant claims she has hired three land surveyors who have all stated encroachment onto her land. The court case is set to continue next week at Central London County Court. Ms Grant worked in customer service for British Airways but was let go as a result of poor mental health. She has now set up a GoFundMe in a desperate bid to raise the money for her legal costs.
Irish Times
5 days ago
- Business
- Irish Times
Suspended solicitor's appeal over professional misconduct finding to be heard in July
A date has been fixed next month for an appeal by suspended solicitor Declan O'Callaghan over findings of professional misconduct in connection with his handling of a land deal in Co Mayo. On Friday, the president of the High Court, Mr Justice David Barniville, set a provisional hearing date of July 23rd for the appeal. Barrister Michael Mullooly, for Mr O'Callaghan, said he expected it to run for two days and Mr O'Callaghan would be among his side's witnesses. Barrister Ruadhán Ó Ciaráin, for Nirvanna, the concrete products manufacturer that brought the complaint against Mr O'Callaghan over the 2007 land deal to the Solicitors Disciplinary Tribunal, said it is expected to call two witnesses at most. READ MORE Last month, Mr Justice Barniville rejected a challenge by Mr O'Callaghan over the procedures adopted by the tribunal in reaching its findings last year of professional misconduct over the 2007 deal. On Friday, he made an order requiring Mr O'Callaghan to pay Nirvanna's costs in opposing that application. The rejection of Mr O'Callaghan's judicial review-type challenge cleared the way for the hearing of his full appeal. If he loses that appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off. The society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president. The three-member tribunal last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving Nirvanna, a company of Co Mayo businessman Tom Fleming. [ Declan O'Callaghan: No end in sight as saga of suspended solicitor continues Opens in new window ] Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands. The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'. In recommending strike-off, it had regard to two findings of professional misconduct previously made by it in 1990 and 2019 against Mr O'Callaghan. He has been suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now-defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghaderreen, Co Roscommon. The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation. Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child.
The Sun
30-05-2025
- Business
- The Sun
Virtually unknown stamp duty loophole that means you pay TWICE – and who can avoid it
A VIRTUALLY unknown stamp duty loophole could leave you paying the tax twice. Cohabiting homeowners who buy their partner out following a separation may find themselves hit with the land tax more than once. 1 Stamp duty is, typically, a one-off payment you make if you buy a property or piece of land over a certain price in England and Northern Ireland. But if you bought a property with a partner and you're unmarried, you might have to pay stamp duty again if you break up and want to buy their share of the property. You'll only avoid paying it if the transfer is part of a formal divorce or separation agreement. The extra stamp duty you might have to pay depends on how much is left on your mortgage and the equity in your property (the part of your home you've already paid off). You'll only have to pay stamp duty again if the "chargeable consideration" is more than £125,000. The "chargeable consideration" is the total value of what you're taking on to own the property, such as the remaining mortgage and any equity. For example, if you pay your ex-partner £100,000 for their share of the equity and take on £200,000 of their mortgage, the total "chargeable consideration" would be £300,000. In this case, you would need to pay stamp duty on £175,000, which is the amount above the £125,000 threshold for residential properties. The rules about paying stamp duty after separating from a partner can be tricky, so it's a good idea to speak to a solicitor or tax advisor to work out exactly how much you owe. Keep in mind that you will likely need to pay for their services. The Sun's James Flanders explains how to find the best deal on your mortgage Simon Nosworth, partner at Osbornes Law, said: "If you're married you can be sheltered from having to pay stamp duty upon divorce when you're splitting up assets like a mortgage. "This is because you've got protection under the Finance Act. "However, if you're unmarried you don't have this protection. "Broadly it is unfair, but there is no way around it." What is stamp duty? STAMP duty land tax (SDLT) is a lump sum payment anyone buying a property or piece of land over a certain price has to pay. You pay the tax when you: Buy a freehold property Buy a new or existing leasehold Buy a property through a shared ownership scheme Land is transferred to you or property in exchange for payment, for example, you take on a mortgage or buy a share in a house The rate you pay depends on the price and type of property and certain thresholds. If you are a first-time buyer no stamp duty is due if the property is worth £300,000 or less. You'll also get a discount if the purchase price is £500,000 or less and will only pay 5% SDLT on the portion from £300,001 to £500,000. Those who aren't first-time buyers will pay different rates depending on the value of their new home: If it's up to £125,000 - no stamp duty is paid For the next £125,000 (the portion from £125,001 to £250,000) - stamp duty is charged at 2% For the next £675,000 (the portion from £250,001 to £925,000) - stamp duty is charged at 5% For the next £575,000 (the portion from £925,001 to £1.5 million_ - stamp duty is charged at 10% For the remaining amount (the portion above £1.5million) - stamp duty is charged at 12% You'll usually have to pay 5% on top of SDLT rates if buying a new residential property means you'll own more than one. An HMRC spokesperson said: "Stamp duty in these cases may only be payable on the share purchased, not on the total value of the property." How to pay the stamp duty You have to pay stamp duty within 14 days of any transaction date. If the deadline is on a weekend or bank holiday, you need to make sure your payment reaches HMRC by the end of the previous working day. You will need your 11-character unique transaction reference number to hand. This reference will always be made up of nine numbers and two characters (for example, 123456789MC). You can find this on your paper return or on your electronic SDLT5 certificate. You can pay online by clicking on the "pay now" button found via You can also pay by cheque, but must allow three working days for your payment to reach HMRC. Make your cheque payable to "HM Revenue and Customs only" and write your reference number on the back. If you've filed a paper return, you need to complete the payslip and send this with your cheque to: BT Stamp Duty Land Tax HM Revenue and Customs BX9 1LT Send your cheque (including a payslip or quoting the unique transaction reference) to: Do you have a money problem that needs sorting? Get in touch by emailing money-sm@
Irish Times
28-05-2025
- Business
- Irish Times
Second worker wins claim for unpaid wages against solicitor
A solicitor's receptionist who said she was left 'financially challenged' for months after being left out of work when her ex-employer closed down his law office has become the second worker to win a claim for unpaid wages against him. The worker, Charlotte O'Regan, has won an order for the payment of wages, worth €830.73 gross, more than a year after she was let go by David Gaffney, trading as Gaffney Solicitors. The Workplace Relations Commission gave the direction on foot of Ms O'Regan's complaint under the Payment of Wages Act 1991, to which Mr Gaffney entered no defence. The tribunal heard that Mr Gaffney wrote to Ms O'Regan on 26 April 2024 informing her that her job would be terminated on Friday 3 May 2024. READ MORE 'On the termination date, should there be sufficient funds, you shall receive your statutory redundancy entitlement and accrued annual leave entitlements,' Mr Gaffney's letter stated. 'Alternatively, I, with the assistance of [my] accountants shall assist you in making an application to the Department of Enterprise, Trade and Employment for the purpose of obtaining such statutory entitlements,' it added. Ms O'Regan explained that her efforts to secure the sum of €873.73 in unpaid wages was met initially with a 'stated positive plan to pay' by Mr Gaffney which 'did not materialise'. Ms O'Regan said she was 'financially challenged' for the six months following her dismissal up to October 2024, when she got advice on the matter and wrote to Mr Gaffney re-stating her claim for unpaid wages. She pointed out in her letter that she had 'no recourse' to the Insolvency Payment Scheme because she had been his direct employee as 'an unincorporated sole trader'. Adjudicator Patsy Doyle noted in her decision that there was 'no appearance by or on behalf of' Mr Gaffney and that 'no defence was offered in the case'. Ms Doyle wrote that €870.73 in gross wages, comprising three days' work and a week's pay in lieu of notice was due to Ms O'Regan and made an order for the payment of the net value of the wages after statutory deductions. The adjudicator wrote that it was 'regrettable' to see a 'deterioration in WhatsApp communications' over the six months Ms O'Regan was pursuing her wages. She wrote that it had been a 'mistake' for the worker to keep a set of office keys in a bid to strengthen her hand. 'I make this order in the hope that payment of this amount will afford closure to the complainant in what has clearly been a distressing pursuance of unpaid wages,' Ms Doyle added. Ms O'Regan is the second former employee of the law office to secure a claim for unpaid wages against the solicitor, following a decision in favour of his former secretary, Leona Erangey, for some €4,687. In Ms Erangey's case, it was noted that Mr Gaffney appeared before the tribunal at a hearing on 28th November 2024 and confirmed that he was 'insolvent'.
Irish Times
22-05-2025
- Business
- Irish Times
Suspended solicitor Declan O'Callaghan loses challenge over disciplinary tribunal procedures
The president of the High Court has rejected a challenge by suspended solicitor Declan O'Callaghan, which could have further delayed a bid to have him struck off the roll of solicitors for professional misconduct over his handling of a land deal in Co Mayo. Mr O'Callaghan had brought a judicial review challenge over the procedures adopted by the Solicitors Disciplinary Tribunal in reaching its findings last year of professional misconduct over the 2007 land deal. Barrister Ruadhán Ó Chiaráin, for Nirvanna, the company that brought the complaint against Mr O'Callaghan to the tribunal, had argued the 'convoluted judicial review' by Mr O'Callaghan was not permissible and was an attempt to delay the hearing of his High Court appeal over the tribunal's findings. If Mr O'Callaghan loses his appeal, the High Court will then consider whether or not to grant an application by the Law Society to strike him off. READ MORE His challenge to the tribunal's procedures, which included claims it breached his right to fair procedures, was heard by the High Court president, Mr Justice David Barniville, on Thursday. Having heard submissions from Michael Mullooly, for Mr O'Callaghan, and from Mr Ó Chiaráin, the judge said he was rejecting the challenge and would give his reasons for that in a written judgment next week. His decision clears the way for the hearing, on a date to be fixed, of the appeal and, if that is unsuccessful, the strike-off application. The Law Society has agreed with the tribunal recommendation that Mr O'Callaghan be struck off, but the final decision on whether or not to grant a strike-off order must be made by the High Court president. The three-member tribunal had last summer found Mr O'Callaghan guilty of four counts of professional misconduct over his handling of the 2007 land deal involving a company of Co Mayo businessman Tom Fleming. Now aged 80, Mr Fleming claimed Nirvanna never received €250,000 for selling the land to a now-deceased businessman. Mr O'Callaghan denied the sum was owed, and disputed the transaction was for 'sale' of the lands. The tribunal upheld the Nirvanna complaint, finding professional misconduct on grounds Mr O'Callaghan breached his duty of care to the company, provided inadequate professional services, and purported to act for vendor and purchaser in a transaction where there was 'a clear conflict of interest'. In recommending strike-off, the tribunal also had regard to two findings of professional misconduct previously made by it against Mr O'Callaghan, suspended as a solicitor since 2018 arising from a separate Law Society investigation into matters at his now defunct practice Kilrane O'Callaghan & Co, which was based in Ballaghderreen, Co Roscommon. The suspension was imposed pending a tribunal hearing of the society's application for an inquiry into matters arising from its investigation. Concerns raised in an independent solicitor's report for that investigation included that Mr O'Callaghan withdrew substantial fees from the estate of a bereaved child. Findings of professional misconduct were previously made against Mr O'Callaghan in 1990 and 2019. The 1990 finding was on grounds including Mr O'Callaghan had, improperly and knowingly, applied clients monies for personal benefit, purchase of a private dwelling residence and a car, and the making of repayments to a building society. That led to a High Court direction in 1991 he should practice for some three years under the supervision of a more senior solicitor. In November 2019, the tribunal found him guilty of professional misconduct over findings including he failed to remit costs and outlays to a law firm arising out of litigation between their client and a deceased person, resulting in Circuit Court proceedings being issued against the complainant firm's client. Mr O'Callaghan was censured and ordered to pay €10,000 to the Law Society's compensation fund, plus €7,500 towards the society's costs.
