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Six-figure negligence victory leaves retired builder trapped in divorce limbo

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Mr Barrett won over £130k from Milford Haven firm Price and Kelway in 2022 for negligence, but is still waiting to be paid due to ongoing divorce

A NOW-RETIRED Pembrokeshire builder who won a six-figure professional negligence case against his former solicitors says he has still not received any of the money — almost four years after the court ruled decisively in his favour.

Although the court-ordered sum was paid following the judgment, the funds are now held in a solicitor’s client account and cannot be released due to an ongoing divorce dispute over who is entitled to the money.

David Norman Barrett secured judgment in 2022 after a judge found that failures by the law firm Price & Kelway had caused him to lose the opportunity to pursue a potentially valuable claim against HSBC and HSBC Life.

The court ordered that damages, interest and costs totalling £130,820 be paid, and permission to appeal was refused.

However, despite that victory, Mr Barrett says he has yet to personally receive any payment.

The court ruled that Price and Kelway Solicitor’s inaction caused a loss of chance for a builder to settle a legal dispute with his bank, HSBC.

A clear win on paper

The negligence case arose from a failed property development at Ludchurch, near Narberth, where Mr Barrett borrowed money from HSBC in 2007 to purchase land and build two houses.

He later alleged that the bank departed from an agreed funding model, draining development funds prematurely and leaving the project financially unviable. He also claimed that associated life insurance policies were mis-sold.

After years of dispute with the bank — including an unresolved complaint to the Financial Ombudsman Service — Mr Barrett instructed Price & Kelway.

He did this after hearing a radio advert for the solicitor’s firm on Radio Pembrokeshire. On November 7, 2012 Mr Barrett had a meeting with Mr Gareth Lewis, a partner in the firm.

“After that date and paying the a large amount in legal fees, progress was slow”, Mr Barrett said.

He added: “I gave Mr Lewis lots of paperwork, but work was not done in a timely fashion”

Proceedings against HSBC were eventually issued too late and struck out as time-barred, court documents show.

In 2022, the court found that the solicitors had failed to properly advise on limitation deadlines and that this negligence caused Mr Barrett a “loss of chance” to pursue or settle his claims.

Damages were assessed at £42,000, with statutory interest and costs bringing the total award to £130,820.

Money paid — but not released

Documents seen by The Herald show that following the conclusion of the case, a portion of the judgment money — £34,405.49 after fees and disbursements — was paid into the client account of Mr Barrett’s own solicitors, Red Kite Law LLP.

However, correspondence confirms that the funds have not been released due to an ongoing divorce between Mr Barrett and his wife, Dianne Carol Barrett, who was also named as a joint claimant in the negligence proceedings.

Red Kite Law has stated in writing that it cannot distribute the money without agreement from both parties, or a court order determining entitlement. The firm has also made clear that it cannot hold client money indefinitely and may ultimately be required to pay the funds back into court if the dispute remains unresolved.

‘This was business money’

Mr Barrett strongly disputes that the judgment award forms part of the matrimonial assets.

He told The Herald that the negligence case related entirely to his work as a self-employed builder and property developer, and that the damages awarded were compensation for business losses.

“This money didn’t arise from our marriage,” he said.

“It arose from my business. I was a sole trader. The claim was about my development project and professional advice I received as a builder.

“It wasn’t family savings or joint income. It was compensation for business losses.”

Mr Barrett says the stress and financial pressure of the prolonged litigation played a significant role in the breakdown of his marriage.

Years of financial strain

Earlier cost breakdowns from the case show that Mr Barrett personally paid more than £16,000 over several years to fund the negligence action, alongside significant unpaid disbursements incurred as the case progressed.

He says the litigation drained his finances long before judgment was handed down and left him struggling even after he technically “won”.

Now reliant on his pension and benefits, he says the continued freezing of the remaining funds has left him in financial limbo.

A legal deadlock

Where competing claims exist over money held in a solicitor’s client account, firms can find themselves acting as stakeholders.

Under professional rules, solicitors may retain funds until entitlement is resolved by agreement or court order, to avoid the risk of releasing money to the wrong party.

Red Kite Law has stated that it cannot advise either Mr Barrett or his wife on the dispute due to a conflict of interest, and has suggested options including a restricted joint account or transfer to a neutral third party — proposals which, to date, have not resolved the deadlock.

Personal cost

Beyond the legal arguments, Mr Barrett says the personal toll has been severe.

“The case broke us,” he said.

“And even after winning, I’m still fighting — this time just to get what the court already awarded.”

No allegation of wrongdoing

The Herald stresses that no finding of wrongdoing has been made against Red Kite Law LLP.

The firm has not been accused of acting unlawfully, and the dispute centres on how the judgment award should be classified and distributed in light of ongoing matrimonial proceedings.

The case raises wider questions about whether winning in court always delivers justice — and how long successful litigants can be left waiting for payment when personal and legal systems collide.

The Herald contacted Price and Kelway for comment at their main email address, but at the time of publication had received no response.

HSBC have also been contacted.

 

Business

Could Primark be coming to Haverfordwest? Major retailer in talks for former Wilko site

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Council confirms advanced discussions as speculation grows over high street boost

HAVERFORDWEST could soon see a major high street revival, with a national retailer in advanced talks to take over the former Wilko building in the town centre.

Cllr Paul Miller

Pembrokeshire County Council has confirmed that negotiations are ongoing, with a deal potentially just weeks — or even days — away.

Speaking to The Herald, Deputy Leader Cllr Paul Miller said the authority is in “detailed discussions with a major national retailer” over the prominent vacant unit.

However, he declined to name the business involved, citing commercial confidentiality.

Speculation grows

Despite the secrecy, speculation has been mounting locally that clothing giant Primark could be the retailer preparing to move into the site.

The size of the former Wilko store — one of the largest retail units in the town — has led many to believe only a handful of national chains would be able to occupy the space.

When asked directly whether Primark was involved, Cllr Miller did not confirm the claim, but also did not deny it.

Primark is one of the only non-supermarket retailers in the UK who would be able to make use of the huge floorspace at the Wilko building

Work already underway

The council has taken steps to prepare the building for a new tenant following Wilko’s collapse into administration.

This includes carrying out essential structural repairs, particularly to the roof, funded through a combination of council investment and an interest-free Welsh Government town centre loan.

Cllr Miller said the aim is to deliver a “blank canvas” for a new retailer, who would then invest further in fitting out the store.

He added that any incoming tenant would likely spend “millions” preparing the unit before opening.

Boost for town centre

The arrival of a major national retailer would represent a significant boost for Haverfordwest, which has faced challenges in recent years with declining footfall and the loss of several well-known stores.

The Wilko closure left a large gap in the town centre, both physically and economically, and securing a new anchor tenant is seen as key to revitalising the high street.

If confirmed, the move could increase visitor numbers, support surrounding businesses, and help restore confidence in the town’s retail future.

The old Wilko store is located in a central location in Haverfordwest

Deal ‘close’

Cllr Miller indicated that negotiations are at an advanced stage.

He said: “I’d like to think we’re talking weeks, not months — maybe even days, but these things can change.”

While no formal agreement has yet been announced, the timeline suggests a decision could be imminent.

What happens next

Until a deal is formally signed, the identity of the retailer remains unconfirmed.

However, with negotiations progressing and work underway on the building, expectations are growing that a major announcement could soon follow.

For now, all eyes remain on Haverfordwest — and on whether one of the UK’s biggest retail names is about to arrive.

We have contacted Primark for a comment.

Previous vision: A cancelled 2017 concept of a new cinema at the Wilko site

 

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Rail investment ‘could unlock 40,000 jobs and £11bn for Wales’ says new report

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RAILWAY stations across Wales could help unlock around 40,000 jobs and more than £11 billion for the economy by 2036, according to new research.

A report by Development Economics, published on Monday (Mar 23), highlights how rail infrastructure is acting as a major driver of growth, supporting housing, business development, and employment across the country.

The findings suggest that development within 800 metres of railway stations alone could generate more than 40,000 jobs and contribute £11.3 billion to the Welsh economy over the next decade.

Stations driving growth

The report identifies what it calls the “rail catalyst effect”, where stations attract investment and act as hubs for regeneration.

Recent examples across Wales and the South West show the impact of rail-linked development. Over the past five years, areas around nine stations, including Carmarthen, have delivered 3,500 new homes, 67,000 square metres of commercial space, and supported 4,500 jobs.

Proposed new stations, including Cardiff Parkway and Newport West, are expected to create around 900 permanent jobs and generate £64 million annually over the next ten years.

Economic case for investment

The report comes as Wales continues to face economic challenges, with inactivity rates standing at 25.6%, higher than the UK average of 21.6%.

Researchers say continued investment in rail infrastructure will be key to boosting regional economies and improving access to jobs and opportunities.

Mark Hopwood, Managing Director of Great Western Railway, said: “The findings of this report are clear. The railway, its stations, and the trains that serve them are powerful drivers of economic growth, community prosperity and regeneration.

“Across our network, development around the railway is delivering thousands of homes, new commercial space and thousands of jobs, generating hundreds of millions of pounds in economic value for the communities we serve.”

National impact

Across the wider Great Western Railway network, stations are projected to support 238,000 jobs and generate £14.25 billion in annual economic value by 2036.

Nationally, the report suggests railway stations could support more than one million permanent jobs and contribute £78.7 billion to local and regional economies.

Wider benefits

The report also highlights the social impact of rail, particularly for households without access to a car, estimated at around one in five in Wales.

With more than 1.6 billion passenger journeys made each year across the UK rail network, the study says improved connectivity is helping people access work, education, and services more easily.

 

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205-unit storage site at Pembrokeshire farm submitted to planners

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A CALL to allow a Pembrokeshire farm to keep a storage facility for more than 200 caravans, boats, cars and farm machines as a form of diversification has been submitted to county planners.

In an application to Pembrokeshire County Council, Mr & Mrs Davies, through agent A.D Architectural Design Consultants Ltd, seek retrospective permission for a farm diversification scheme to accommodate the storage of caravans, boats, cars and farm machinery in four of eight agricultural sheds and on hard-standing concrete courtyards at Froghall Farm, Spittal.

The works were completed back in 2019.

A supporting statement accompanying the application said: “At present, four of the eight shed structures on the site form part of the caravan and boat storage scheme, with additional touring caravans stored externally on the concrete courtyards.”

It said the storage provision was split as follows: Shed 1 – farm workshop, and 30 caravans, motorhomes, boats & cars; shed 2 – 16 caravans; shed 3 – 28 caravans, motorhomes, boats & cars – 28; shed 8 – cubicle shed, 11 units of farm machines, motorhomes & caravans; courtyard storage of 120 touring caravans, for an overall storage of 205 units.

The statement added: “It would take place in an accessible location, would incorporate sustainable transport and accessibility principles and would not result in a detrimental impact on highway safety or in traffic exceeding the capacity of the highway network; access road is a no-through road with no increase in traffic due to the nature of development.

“There won’t be a constant stream/flow of traffic as the site’s used for storage. Our client offers a towing service to sites in and around Pembrokeshire, which is used by 45 per cent of their customers, who are unable or prefer not to tow themselves. This gives our client control over the flow of traffic.”

The application will be considered by county planners at a later date.

 

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