Business

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

Published

5 months ago

February 6, 2026

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

Activate West Wales expands its team with appointment of Business Manager

Published

1 day ago

June 22, 2026

Cerys Lafferty

ACTIVATE WEST WALES, which drives sports and wellbeing collaboration across Carmarthenshire, Pembrokeshire, Swansea and Neath Port Talbot, has appointed Marie Sture as its new Business Manager.

Marie brings more than 10 years’ experience across the Pembrokeshire countryside, conservation, and visitor experience sectors, having worked with organisations including the National Trust, Pembrokeshire County Council and Pembrokeshire Coast National Park Authority.

Her work background spans operational support, compliance, health and safety, finance and stakeholder engagement, alongside experience contributing to senior leadership and regional working groups.

Marie joins the Activate West Wales team, which is working closely with local authorities, health boards and wider sector partners to encourage cross-sector cooperation, to increase engagement in sport, physical activity and active recreation so that it can become part of normal everyday life for everyone nearly four months since it released its State of the Region report, which gave an insight into the sports participation in the region.

Marie, a native of Pembroke Dock, will play a key role in advancing Activate West Wales’ ambition to create healthier, happier communities across the region, regardless of age, background or ability.

On her appointment Marie said “I’m delighted to begin working with a team that is so committed to making a positive difference to people’s lives. Throughout my career across the conservation and visitor experience sectors, I’ve developed a strong passion for creating opportunities that support people’s wellbeing. I’m really looking forward to bringing that experience into this role and working with partners to help build healthier, more active communities across West Wales.”

Marie adds: “Spending time away from screens and being active can be incredibly rewarding. I love getting out with my children and supporting them to take part in sport, it’s been amazing to see how it’s boosted their confidence and helped develop their social skills. Even simple activities like this can bring a real sense of happiness and are so important for overall wellbeing.”

Jamie Rewbridge, CEO of Activate West Wales, said on Marie’s appointment: “We’re delighted to welcome Marie to Activate West Wales. She brings a wealth of experience working with local communities and partners, and we’re confident she will make a significant contribution to our efforts of making physical activity part of everyday life, for everyone across West Wales. Her appointment strengthens our ability to support healthier, happier communities across the region.”

Business

New showroom for car dealership approved by county planners

Published

3 days ago

June 20, 2026

Bruce Sinclair - Local Democracy Reporter

PLANS for a new showroom for a Pembrokeshire car dealership which has recently acquired a new Isuzu vehicle franchise, have been given the go-ahead.

In an application to Pembrokeshire County Council, Gareth Hughes Motors of 25 Burton Road, Sardis, through agent Hayston Developments & Planning Ltd, sought permission to replace a temporary canopy with fixed permanent mini-showroom.

A supporting statement said: “Gareth Hughes Motors is a family run enterprise, established in 1982. In order for the business to respond to the latest technological advancements, especially those related to the transition to hybrid and electric vehicles, additional space and different resources will be required.

“Approval of this application will assist in the delivery of these required resources, associated staff training and recruitment for the servicing of electric vehicles will also lead to the retention and provision of skilled employment.”

It says the extension will be designed to allow sufficient space to display Isuzu vehicles, an additional motor franchise recently acquired by the dealership, with no changes proposed to the existing access from the C3007 as the mini-showroom would take place to the rear of the site and replace an existing canopy structure.

It added: “The environmental impacts from the proposal are minimal as the replacement structure takes place on a concreted/bitumac surface which is currently used for the parking of cars. In addition, the design and use of materials complements that of the current showroom and repair shop and by the addition of a bird and bat box on the south-east of the proposed extension.

“The proposed new mini-showroom will accommodate a maximum of two vehicles and would take place to the rear/side of the site and would be constructed in materials which complement those of the existing showroom and service bays.

“Although Gareth Hughes Motors is located within a group of residential properties it is considered that there will be no significant negative impacts on those neighbouring properties because of their distance from the application site, the orientation of the buildings.

“The securing of an additional franchise at this Sardis site will both help secure the future of the existing staff and create opportunities for additional employment in the motor trade.”

The application was conditionally approved by county planners.

Business

The Cheesecake Guy Ltd plans withdrawn following community council objections

Published

3 days ago

June 20, 2026

Bruce Sinclair - Local Democracy Reporter

PLANS for what could have been the third store in the country for Welsh cheesecake business The Cheesecake Guy Ltd at Saundersfoot’s Coal Building interpretation centre have been withdrawn.

In an application to Pembrokeshire Coast National Park, Craig Taylor of Merthyr Tydfil-based The Cheesecake Guy Ltd sought a change of use of part of Saundersfoot’s Cambrian Terrace Coal Building interpretation centre to create a small retail unit.

On its website, The Cheesecake Guy says of its business and products: “Established in 2019, The Cheesecake Guy is all about delivering indulgent, handcrafted cheesecake desserts with a twist. While we offer a range of sweet treats, our specialty — and customer favourite — is the signature cheesecake jar.

“Made with quality ingredients and packed with rich, creamy layers, our jars are the perfect dessert for any occasion. Whether you’re treating yourself or sharing with others, The Cheesecake Guy brings a spoonful of happiness to every bite.”

While no supporting statement was published for the Saundersfoot proposal, the application said the scheme, if approved, would employ two full-time members of staff, operating 10am-6pm Mon-Sat, and 10-5 on Sundays and bank holidays.

Of the scheme itself it said it would involve “retail sales of pre-prepared desserts and merchandise,” adding there will be “no on-site manufacturing or heavy processing,” with “equipment limited to display fridges and freezers”.

If approved, the Saundersfoot site would have been the third outlet for The Cheesecake Guy, with sites in Merthyr, and, more recently, Newport Market.

For its Newport site, The Cheesecake Guy says: “We specialise in creating a wide variety of cheesecake desserts that cater to all tastes. Our menu features popular favourites that have won the hearts of many, alongside exciting new creations designed to keep your taste buds satisfied.

“Whether you’re a classic cheesecake lover or an adventurous foodie, we promise a cheesecake experience like no other. Each cheesecake is made with the utmost care, ensuring a rich, creamy texture and a burst of flavour in every slice (or jar!).”

Since the application was submitted, Saundersfoot Community Council objected “on the basis that the harbour is diluting the original intention of this area, which was designed to be an educational section of the development”.

The application is now, as of June 19, marked as withdrawn.