John Melville-Smith
Solicitor,
Dispute Resolution
John is a Solicitor in the dispute resolution department. He acts for both corporate and private clients in a variety of areas, in particular commercial disputes, professional negligence, insolvency and contested probate and inheritance claims.
Professional negligence – has particular experience of actions against surveyors, accountants and solicitors.
Contested probate and inheritance – has acted for executors seeking to prove Wills and for beneficiaries seeking to overturn them and/ or obtain an increased provision under them as well as for beneficiaries seeking to compel the administration of a deceased’s person’s estate.
Various claims for unfair prejudice and unfair/wrongful dismissal, acting on behalf of a former managing director and minority shareholder, following his unlawful removal from the company. This was settled for £725,000 in April 2008.
Parallel claims for professional negligence and termination of a directorship against a former director of and solicitor to a land development company developing land in north London.
Acting for the sole executrix of the estate of the deceased, who died leaving Wills in England and India. The disappointed beneficiaries allege fraud, forgery, lack of testamentary capacity and undue influence. The matter is ongoing.
A claim to prove the deathbed Will of the deceased, in the face of a claim of lack of capacity and to set aside a lifetime gift of his main residence to his wife, made under circumstances of undue influence shortly before death. This came to trial before Laddie J in October 2002 and was successful (Bradshaw v Hardcastle).
BNI Phoenix Chapter, South Kensington (www.bni-kensington-chelsea.co.uk)
College of Law, Guildford, 1993
LL.B University of Birmingham, 1991
2006 to date: Solicitor, Seddons
1999-2005: Partner, Gillanders, Cheltenham
1996-1999: Solicitor, John Martlew & Co, Cheltenham