Our client was re-financing his portfolio and sought advice from a financial adviser. Our client signed the financial adviser’s standard terms and conditions, which were ambiguous as to the payment terms that would be due.
The financial adviser obtained a mortgage offer for our client, however the terms of the mortgage were unacceptable to our client, and so our client rejected it. The financial adviser issued a court claim for payment of his fee under the contract.
Solution
We defended the action robustly on the basis that the contract was ambiguous, and the financial adviser had misrepresented his abilities and experience before our client signed the contract.
Outcome
We successfully negotiated a favourable settlement for our client on the morning of the trial. Our client therefore avoided the stress of having to give evidence in court, while obtaining the best possible outcome.