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Parents sued for share in £7 million estate

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parents suedA FARMER’S DAUGHTER from Whitland who claims she had to stay at home and tend the cows while her teenage siblings went dancing is now suing her elderly parents for a share of their £7 million estate.

Eirian Davies, aged 45, insists she was repeatedly assured by her parents, Tegwyn and Mary Davies, now in their 70s, that she would ultimately step into their shoes and take over the family’s ‘golden egg’ – thriving Caeremlyn Farm, Whitland, and its herd of pedigree Holstein cows.

She says a substantial stake in the 200-acre farm is no more than her due for the years of toil she put in, but her parents are fighting her every inch of the way and the case is now under the legal spotlight in the Court of Appeal.

Miss Davies testified at an earlier court hearing that she missed out on going to Young Farmers’ Club dances with her two sisters as a teenager because she had to stay at home to deal with her farming chores.

She said her parents told her that her sisters were not interested in the farm and that her patience would one day be rewarded.

“They always told me that the farm would be left to me. Even on my birthday, when the other girls were having things, they would say – ‘you will have the damn lot one day, it will all be yours’,” she told Judge Milwyn Jarman QC.

The judge found that Miss Davies had “established an entitlement to a beneficial interest in the farm or farming business” – but her parents are now challenging that ruling before three of the country’s most senior judges.

Timothy Fancourt QC, representing Mr Davies, aged 75, and his 76-year-old wife, argued their daughter had earned a fair income during her stints working on the farm and was provided with ‘bed and board’.

Her parents also put their daughter through agricultural college, said the QC, adding: “She said in terms that agriculture was her love and she wanted to be on the farm”.

Even when Miss Davies had worked elsewhere she failed to boost her earnings, said Mr Fancourt, pointing out that she only earned £5,000 while working as a consultant for Slimming World in 2006.

“So when the opportunity is there to do something else, she does worse”, the QC argued.

Insisting that she had suffered no ‘substantial detriment’ in reliance on anything her parents had said or done, he told the court there was no evidence that ‘she would have been better off’ had she not worked on the farm.

However, Leslie Blohm QC, for Miss Davies, said promises were made by her parents from 1985, when she was 17, and she had worked “extremely long hours” with the cows – at times underpaid, and sometimes for nothing.

If she complained to her parents about meagre wages, she was told that the farm would ultimately belong to her – and ‘not to kill the goose that laid the golden egg’, added the barrister.

Although Judge Jarman found that Miss Davies had ‘walked away from the farm’ for periods between 1989 and 2008, living and working elsewhere, she had eventually moved back home following a reconciliation with her parents.

Mr Blohm said the rapprochement also followed a ‘representation’ by her father that she could live on the estate, in Henllan Farmhouse, rent-free for life, and that she was to be a partner in the farming business.

In 2009, a pledge that she would inherit the farm was also made in a draft will, the barrister added.

However, following a final family ‘rupture’ in late 2012, her parents gave her notice to quit the farmhouse. Possession proceedings followed, but Miss Davies insisted she was entitled to a beneficial interest in the farm.

In his ruling last year, Judge Jarman said that, after periods away, Miss Davies had always returned home – “relying on the representations by continuing to work and live on the farm”.

And Mr Blohm told the court: “It is plain from the evidence that a talented, hard-working and capable lady has spent a substantial part of her adult life – over a period of 25 years – carrying out difficult physical work for the benefit of her parents.

“That was on the strength of their repeated representations that she would eventually take over the farm and business.

“If not for those representations she would have employed her skills elsewhere.”

Mr and Mrs Davies sat together in court throughout most of the hearing, although he later moved to a seat nearer to the judges as he is hard of hearing.

After several hours of legal debate, Lords Justice Richards, Underhill and Floyd reserved their decision on the couple’s appeal and will give their ruling at a later date.

 

4 Comments

4 Comments

  1. Teifion

    March 15, 2014 at 6:19 pm

    It’s sad when parents seem to favour the feckless, the kids who left and don’t want to know or care about their parents anymore and not appreciate the kids who stayed at home, who sacrificed their lives to look after their parents.

  2. Laura

    March 18, 2014 at 11:44 pm

    Is no one reading this story properly, eirian obviously couldn\’t hold down a job so was given everything from her parents including a job when she wanted one. £300 a week a house, car and clothing allowance sounds like a good wage to me. Besides all that, what makes her think she is entitled to anything just because her parents worked hard to build up a successful business? It\’s up to them what the do with their estate. I think she is a lazy money grabber!

  3. Teifion

    March 19, 2014 at 10:23 pm

    oh Laura, I think we should know your agenda – do your family relations suffer?

  4. Farmer

    June 6, 2014 at 11:15 am

    Who is Laura? I don’t think that anyone without all the evidence has any right to make judgement! The four Judges had all the evidence and not the word of the mother! The lazy money grabbers are those who come out of the woodwork when the work is done! I know so many middle aged people that have given up they’re entire lives to farm for they’re parents as slaves, only to find out when it’s too late, that what they have worked for, goes between the siblings! Good luck I say

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Crime

Four arrested in armed police operation across Pembroke Dock

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Firearms, drugs and GBH suspects detained as pre-planned raids hit Bush Street and Gordon Street

A MAJOR armed police operation across Pembroke Dock on Friday (Feb 13) has resulted in four arrests, police have confirmed.

Heavily equipped firearms officers, dog units and CID teams carried out a pre-planned operation across Bush Street and Gordon Street, sealing off several roads and entering multiple addresses.

The Herald reported live from the scene as officers moved between locations, first targeting a flat on Bush Street shortly after 11:30am before extending cordons into neighbouring streets and making further arrests near the Jobcentre on Gordon Street.

Residents described a large and highly visible response, with armed officers carrying carbines and ballistic shields and specialist teams guarding doorways while searches were conducted.

Police vehicles blocked both ends of the streets for several hours.

Arrests confirmed

In a statement, Dyfed-Powys Police said the coordinated action involved several departments and led to four people being detained.

Those arrested were:

• A 37-year-old man on suspicion of grievous bodily harm
• A 28-year-old man for failing to appear in court
• A 35-year-old man for failing to comply with a drug treatment and testing order, fraud, possession of a firearm, and being concerned in the supply of class A drugs
• A 32-year-old woman for possession of a bladed article, being concerned in the supply of class A drugs, and possession of a firearm

Detective Sergeant Jamie Hughes, of Pembrokeshire CID, told the Herald the police were active proactively to combat criminality in the area. He said: “We would like to thank the community for their support and patience whilst we undertook our operation in Pembroke today.

“I hope it serves as a reminder to those in Pembrokeshire that police will take action against those who intend to commit crime in our county and will deal with offenders robustly and efficiently.”

Streets locked down

The Herald witnessed officers entering properties, deploying dog units and escorting suspects away in handcuffs as enquiries continued.

Access between Bush Street, Gordon Street and surrounding roads was restricted while searches were completed.

Residents said the scale of the response was unlike anything normally seen in the area.

Anyone with concerns is asked to contact police via 101 or through the Dyfed-Powys Police website.

More updates as they come in.

 

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Crime

Killer jailed for life after ‘vicious and sustained’ attack on brother

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West Wales family tell court: “We have lost two sons”

A 34-YEAR-OLD man has been jailed for life for murdering his own brother following what a judge described as a “vicious, sustained and seriously out-of-proportion” attack.

Darren Steel, of Swansea, was sentenced today (Friday, Feb 13) at Swansea Crown Court before His Honour Huw Rees, who told him he may never be released from prison.

The court heard the fatal assault followed a dispute linked to drugs, with Steel unleashing a prolonged and repeated attack on his brother.

Passing sentence, Judge Rees said the violence went far beyond any reasonable response.

“This was not a short burst of violence,” he said.

“It was vicious, sustained and seriously out of proportion. The anger you displayed that day — uncontrolled anger — arose from your belief that someone had stolen your drugs.”

Lies to police

The judge said Steel attempted to evade responsibility immediately after the killing, giving officers a false name when arrested.

He later repeated a series of lies in custody, including making what the judge described as a “patently false” allegation involving his former partner.

“I’m sorry to tell you that your performance earlier was out of self-pity, not out of remorse,” Judge Rees told him.

“You have shown no genuine insight into what you have done.”

“Pure evil”

Family members delivered emotional victim impact statements describing the devastating consequences of the killing.

One relative told the court: “I have lost both of my sons, either in death or in prison.”

Susanne, the victim’s aunt, said the family had been living through “a constant nightmare”.

“Throughout both trials, Darren has not shown one glimpse of remorse for what he did to his brother,” she said. “He is vacant. He is pure evil.”

Zoe Steel, the victim’s daughter, said her father’s death had robbed her of future milestones.

“I didn’t just lose my father that day — I lost the man who was meant to walk me down the aisle,” she said.

“Darren has created a massive hole in this family that will never mend. Not once did he even say sorry.

“Dad, the day you died, a part of me died with you.”

Additional offences

The court also sentenced Steel for two further assaults connected to the same incident.

He received three years’ imprisonment for inflicting grievous bodily harm on Julian Samuel and 12 months for assaulting Dawn, his former partner. Those sentences will run concurrently.

Life sentence

For murder, Steel was handed the mandatory life sentence and must serve a minimum of 20 years before he can apply for parole.

Judge Rees warned that release is not guaranteed.

“You may never be released,” he said.

 

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News

Climber dies and two injured in St Govan’s Head fall

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Major air and sea rescue launched as coastguard, lifeboat and helicopters scramble to Pembrokeshire cliffs

A PERSON has died and two others have been injured following a climbing incident at St Govan’s Head on the Pembrokeshire coast.

A major multi-agency rescue operation was launched on Thursday afternoon after concerns were raised for the welfare of three climbers near the cliffs.

Dyfed-Powys Police confirmed one casualty was pronounced dead at the scene, while two others were taken to hospital with injuries not believed to be life-threatening.

A police spokesman said: “Dyfed-Powys Police were contacted by the ambulance service around 4.25pm, Thursday February 12, reporting concerns for the welfare of three individuals at St Govan’s Head, Pembrokeshire.

“Officers were deployed to the location alongside multiple other agencies.

“Two were taken to hospital for treatment for injuries not believed to be life threatening. Sadly, one person was pronounced dead at the scene.”

The force added the death is not being treated as suspicious and the person’s next of kin have been informed.

Earlier, witnesses reported a significant emergency presence along the coastline, with multiple helicopters seen overhead and the Angle all-weather lifeboat operating offshore.

A spokesman for HM Coastguard said the alarm was first raised at about 4:00pm.

Teams from Fishguard, St Govan’s and Tenby were sent, alongside an HM Coastguard helicopter, an Irish Coastguard helicopter, Wales Air Ambulance and an RNLI lifeboat from RNLI’s Angle station.

St Govan’s Head, within the Pembrokeshire Coast National Park, is a popular but exposed climbing and walking location known for steep limestone cliffs and strong seas.

Photo caption: Rescue response at St Govan’s Head during Thursday’s incident

 

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