In a significant legal development, the High Court has instructed the partner of a deceased solicitor from Birmingham to retract social media accusations against his executors, following her public allegations of misconduct.
Following the death of Brendan Fleming, a prominent solicitor in Birmingham, at the end of 2023, the High Court has intervened to address actions taken by his partner, Sophie Fleming. Judge Tindal has mandated the removal of her social media posts, which accused the executors, including a director of Brendan Fleming Limited (BFL), of misconduct. The judge highlighted her ‘frustrations and misunderstandings’ as motivations behind what he termed as acts of a ‘keyboard warrior’.
Sophie Fleming’s accusations were directed at Rebecca Ward, a director at BFL, and Richard Wood, a financial advisor. Despite her persistent claims of misconduct, the judge noted these were unsupported by objective evidence. Her allegations had been shared with regulatory bodies such as the Solicitors Regulation Authority and the Financial Conduct Authority, aiming to undermine professional standing.
The judge emphasised that Ms Fleming’s actions targeted not only the individuals involved but also destabilised BFL both internally and externally. She had linked her posts to groups for parents confronting care proceedings, which could potentially damage BFL’s reputation and affect its employees’ livelihoods.
Judge Tindal addressed the broader impact of Ms Fleming’s beliefs, deeming them misguided and reckless, especially concerning her children’s inheritance. He criticised her approach towards ongoing litigation concerning her late partner’s estate. The estate, valued at approximately £8 million, includes BFL, which Mr Wood’s firm had valued at £2.4 million.
Despite the complexity of emotions involved, the court ruled in favour of the executors, reinforcing an injunction against harassment extended to include the executors’ legal representatives. Judge Tindal recognised the importance of allowing them to perform their professional duties free from baseless public allegations.
Brendan Fleming was celebrated as a well-respected figure in Birmingham’s legal community, known for his influential presence over four decades. He had entrusted his colleague, Ms Ward, to manage the firm he had established. Ms Fleming’s claims of criminal and professional misconduct were linked to an allegedly invalid will and changes in Mr Fleming’s domicile.
The judgment also entailed procedural directions concerning probate applications, including the rejection of Ms Fleming’s request for summary judgement and the removal of executors. It reaffirmed England as the appropriate jurisdiction, countering her suggestions of Turkey or Northern Ireland being more suitable.
The High Court’s ruling underscores the fine balance between freedom of expression and protection against harassment, particularly within sensitive probate matters.
