Woman sues lawyers after taking out loan to pay divorce case fees

A BUSINESSWOMAN who wrongly believed she would win a substantial divorce settlement from her wealthy husband is suing a leading law firm after taking out a crippling loan to pay its fees.

Carolyn Trainor-Gilham, a mother of two, had been expecting to receive millions of dollars from her former husband, Robert Gilham, a British-born property developer based in the US.

But instead she found herself taking out a large loan with 50 per cent interest rates to pay her lawyers’ fees, and settling for far less from Mr Gilham, 54, than she had originally rejected.

Mrs Trainor-Gilham is now taking legal action against Charles Russell Speechlys – one of Britain’s top 50 law firms – after accusing the law firm of negligence. She claims in legal papers lodged with the High Court that if the firm had investigated Mr Gilham’s involvement in a $127million (£98million) property scheme in Oregon she would have got another £2-3million.

Mrs Trainor-Gilham instructed the firm to act for her in her divorce and financial settlement in June 2013, and warned her solicitor that her husband would probably try to “degrade the claimant’s ability to pursue claims”.

Her only income came from her former husband, and she says the firm knew she would be unable to pay its fees – more than £60,000 by December 2013 – within its time frame of 30 days.

According to a writ lodged with the High Court, on the firm’s advice in September 2013 Mrs Trainor-Gilham rejected her husband’s initial offer of a house worth around £600,000 with maintenance payments, a share in the property project, and school fees.

She claims Charles Russell Speechlys suggested she should take out a commercial loan to cover her legal fees and further fees of around £100,000.

If the loan was not repaid within 18 months, the loan would attract a rate of 50 per cent, but this was allegedly not explained to her, the court will hear.

Mrs Trainor-Gilham, from Cambridge, agreed a final settlement of $1.25million (£960,000) in March 2017, with no order for costs. After interest, she was left with £353,190. She was advised to accept maintenance of £5,000 a month until she received the anticipated lump sum, followed by £2,000 a month until she reaches the age of 65, or remarries or cohabits.

Charles Russell Speechlys denied Mrs Trainor-Gilham’s allegations, stating: “We are contesting the claim in its entirety, and will be lodging our defence at the High Court.”