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Our Man in Tuscany

Betrayal in paradise: Rescued by equity and the pursuit of justice

Resilience and justice are not just legal principles; they are personal commitments

A view of Riomaggiore and Cinque Terre coast line

In early 2016, I found myself overlooking the stunning Ligurian Sea from a vantage point in the Cinque Terre, a place that exudes magic and serenity. 

Nestled on a hill above Riomaggiore, with views stretching towards Monte Carlo in the northwest and Elba in the southwest, I had acquired one of the most desirable properties on earth—a stone house with a vineyard producing the famous and expensive Cinque Terre Sciacchetrà wine. This paradise was located in the Bay of Poets, a region that has inspired literary giants like Lord Byron, Percy Bysshe Shelley, and Dante Alighieri, whose works echo the beauty and mystique of the area.

At that time, life seemed perfect. I had just sold my share in JWK Solicitors in Lancaster and moved to Tuscany, where I was involved in a relocation business partnering with Mata Hari/MH (name changed), a European national based in Lucca.

The property, which promised both significant personal satisfaction and substantial investment potential, for strategic reasons was purchased in MH’s sole name. The funds for the purchase came entirely from me, bolstered by additional financing I raised due to my professional status. I had placed my trust in MH, not just as a business partner but as a friend. 

The agreement was that all the interest in the property belonged to me and the rental income from the property would be deposited into our joint account after expenses.

However, in 2018, after leaving the relocation business on good terms with MH to focus on my retirement and pro bono legal work in England, my trust was shattered. 

Without my knowledge, she sold the property, siphoned the entire sale proceeds and rental income from our joint account, and funnelled the funds into a new bank account opened with her new partner. They then used the money to purchase a rental business property in his name.

I discovered this betrayal by chance. When confronted, MH alleged that my contributions were a donation, and under the Italian Civil Code, I had no cause of action. Truth is a tricky business, especially when it’s manipulated to suit someone’s agenda. It was a devastating blow, but I knew I had to fight back. 

Drawing upon my 35 years of legal experience across multiple jurisdictions—including a kidnapping case in Ecuador and various cases throughout Europe—I resolved to recover my losses.

I meticulously vetted nine different Italian law firms, studied Italian cases and precedents, and eventually instructed a law firm in Tuscany. I became deeply involved in every aspect of the case, from strategy to the minutiae of legal tactics. 

I gathered powerful witness statements from individuals such as Gianmarco, the estate agent who facilitated the original purchase, and the previous owners of the property. I combed through hundreds of WhatsApp messages and emails, conducted forensic work on banking transactions, and meticulously traced the movement of rental income.

This wasn’t the only legal battle I faced at the time. Back in England, I was embroiled in a dispute with a dishonest builder who had failed to deliver on his contractual obligations. 

Author's Riomaggorie house

This case was further complicated by the fact that the builder had enlisted the services of a legal team operating under a Conditional Fee Agreement (CFA), commonly known as a no-win, no-fee arrangement. The setup was meant to intimidate me, placing the financial burden on me while offering the builder’s team a seemingly risk-free opportunity to pressure me into a settlement.

Under the CFA, the builder’s lawyers only stood to gain if they won the case, which meant they were aggressively pursuing every angle. To make matters worse, they were backed by a questionable After The Event (ATE) insurance policy provided by an insurer who eventually went bust. This dubious insurance was supposed to cover their costs if they lost, but the collapse of the insurer added another layer of complexity and risk to the proceedings.

The builder's strategy was clear: to prolong the legal battle and increase my legal costs to the point where I might consider settling. But having faced down MH’s betrayal in Italy, I was in no mood to back down. 

Instead, I leveraged my decades of legal expertise and the lessons learned from my cross-border legal battles. I scrutinised every aspect of the builder's claim, challenging the validity of their evidence and the integrity of their tactics. I knew that if I could expose the weaknesses in their case, the entire structure of their CFA-backed litigation would crumble.

Over the course of three years, I faced several preliminary court hearings at the High Court in Lucca for the Italian case, while simultaneously managing the legal battle in England. My Italian legal and financial advisors initially doubted my chances of success in the Italian case, but I remained steadfast. 

The legal maxim I learned in law school back in 1977—he who comes to equity must come with clean hands -guided me through this ordeal. I employed the same focus, diligence, and mental fortitude that I had honed in my legal career and in sports, and traveling and in the end, I prevailed. I successfully completed the action and recovered my losses in Italy.

Back in England, the turning point came when I managed to expose the builder’s underhanded tactics and the shaky foundation of their CFA agreement. The builder’s lawyers, who had confidently taken on the case under the CFA, ended up losing thousands of pounds when the case did not go in their favour. 

My perseverance and strategic approach not only protected my interests and saved me from possible bankruptcy but also sent a clear message about the perils of underestimating one’s opponent.

By 2021, I had emerged from the doldrums, albeit without the beautiful Riomaggiore house that once overlooked the Ligurian Sea and the Bay of Poets, where the spirit of great poets lingers. But more importantly, I had regained my sense of trust and self-belief. 

Despite the painful lessons learned, I would not hesitate to make similar decisions again, even if they came with significant risks. The experience reinforced my conviction that trust when placed wisely, can lead to extraordinary outcomes—even when the odds seem insurmountable.

As I reflect on this journey, I’m reminded that resilience and justice are not just legal principles; they are personal commitments. And no betrayal, however profound, can take that away.

Arrivederci.

Philip George is a former badminton player and author of the book 'Racket Boy'. He lives in Tuscany, Italy.