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

Government backs high street with crackdown on cheap imports

Published

6 hours ago

June 24, 2026

Tom Sinclair

MINISTERS have announced plans to speed up reforms aimed at helping high street businesses compete with online retailers and overseas sellers.

The Treasury said changes to low-value imports will now be brought forward by six months, with customs duty relief on goods worth £135 or less set to be scrapped from October 2028.

The move is designed to stop online retailers gaining an unfair advantage over shops, pubs, restaurants, hotels and other high street businesses.

At present, many cheaper imported goods can enter the UK without customs duty, a system which ministers say has left traditional retailers at a disadvantage.

The Government is also reviewing how VAT is collected from businesses trading through online marketplaces, amid concerns that some sellers are failing to pay the tax they owe.

The Treasury said revenue raised from tougher VAT enforcement would be used to help improve the business rates system for high street firms.

Dan Tomlinson, Exchequer Secretary to the Treasury, said: “This action tackles the unfair competition and dodgy businesses that are doing real damage to our high streets.

“And by making sure that tax is paid when it’s owed, we can raise revenue to put back into improvements to the business rates system for pubs, restaurants, hotels and other high street businesses.”

The package also includes a consultation on VAT reform for land used in new social housing developments.

Ministers say the change could help speed up the delivery of affordable homes by making the tax system better reflect how social housing schemes are developed.

The Treasury said the measures form part of wider plans to make the UK tax and customs system simpler, fairer and more focused on economic growth.

Business

Amended slurry lagoon plans approved after being moved due to mine workings

Published

11 hours ago

June 23, 2026

Bruce Sinclair - Local Democracy Reporter

AMENDED plans for a rural mid Pembrokeshire slurry lagoon have been given the go-ahead after an initial scheme was altered due to the presence of mine workings.

In an application to Pembrokeshire Coast National Park, Owen Thomas, through agent Preseli Planning Ltd, sought permission for the excavation of an earth bank nutrient ‘slurry lagoon’ store of 60 by 48 metres near to New House Farm, some one kilometre from the village of Cresselly.

A supporting statement said: “The dairy farming operation at New House Farm covers approximately 290 hectares of mixed tenure land with the herd comprising of 250 milking cows, which have a yield of between 6-9 thousand litres per cow and associated youngstock.”

It added: “The current slurry storage arrangements at New House are insufficient based on the livestock numbers to accommodate a five-month slurry storage capacity. The purpose of the proposal is to increase the slurry and dirty water storage capacity for the farming enterprise to be compliant with the control of Agricultural Pollution (Wales) Regulations 2021 (CoAPR) requirements.

“It is not the applicant’s intention to increase stock levels at the holding. The existing slurry store on the farmstead following the deduction of rainfall and freeboard has a capacity of 1,178 cubic metres.”

It said the required capacity would be 5,481 cubic metres over a five-month period, leading to a current shortfall of 4,303 cubic metres, which the proposal would address.

It added: “A further environmental benefit bought by the development is the nutrient store would allow the spreading of nutrients during suitable weather conditions, rather than needing to be disposed of in unfavourable weather conditions.”

Local community council Jeffreyston raised no objections but noted concerns about its size, although recognising the development is required to meet legislation, requesting all appropriate mitigation measures would be explored and implemented.

The Coal Authority objected to the original proposed location, owing to the presence of a recorded mine shaft and associated zone of influence, leading to an amended scheme moving the store some 150 metres.

An officer report recommending approval for the amended scheme said: “The principle of the development is considered acceptable, given its direct functional relationship with the agricultural enterprise and the demonstrated operational need for additional storage capacity.

“The proposal would remain closely associated with the existing farm holding and would not result in the introduction of an unrelated use within the countryside.”

It added: “The proposal would improve slurry management arrangements at the holding and assist in reducing the risk of pollution incidents associated with insufficient storage capacity.”

The application was conditionally approved.

Business

Activate West Wales expands its team with appointment of Business Manager

Published

2 days 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.”