andydub64
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Financial Regulations Authority have provided data that would suggest the respondents wife, who they are now maintaining is the first respondent is and has been inactive ith the Company since 2007. The point that i am trying to make is that my daughters boss is trying to place any liability to awards on his wife, rather than himself as the individual named as the legal entity during proceedings. What concerns me is that the judgement names his wife as respondent, which is incorrect, but none the less on that judgement.
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So if that is what they are claiming, which is a load of nonsense, his wife will in any event, have all the material of fact and evidence to show the Court/s/Tribunal that on or before the date my daughter was unfairly dismissed she was in full control of the business. Lets see.
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Hi, i am not wanting to go after the other side, trust me, i want this to conclude. On the judgement letter received from the Tribunal, the two parties are named at the top, my daughter and her boss MR K ----------- as the correctly named respondent. However on close inspection and under the judgement the two parties names are my daughter and MRS C ------------- who is not the correctly named as the respondent?? To remove any doubt, his wife has no interest or has anything to do with the business, and any assets would be in his name not hers, maybe there lies the motive. The judgement and any order should be against Mr not Mrs.
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If a company pleads and gives in evidence during proceedings, which would include a trial, that a person is the owner of the company, when this was not the case, what in terms do the opposite party have to do as to suggest such a misrepresentation, if established?
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So any limited company would be registered with Companies House? The judge at the pre trial checked whether the Company was a limited company by checking with Companies House, and was the first question she asked the respondents legal representative to establish, he stated it was not a limited company. As part of the directions made was for the respondents legal representative to identify who was the legal entity of the claim, for the respondents. They came back saying it was his wife who has nothing to do with the running of the company, i challenged, made application for the actual owner/boss to be named as first respondent, the Court on application named him as the respondent, so in theory and by the letter of the law the respondents cannot claim to be a limited company liable for any debts, which would include what my daughter has been awarded?, without (a) registering the Company (b) making application to the Court for the change of respondent? I am just trying to cover all angles and i do not want a legal loophole to let this individual of the hook, because, he will try and avoid this if past experience is anything to go by.
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This was what initially what they were pleading that the Company was not a limited company, and this was accepted. If the company had been registered as s ltd, would that have made any difference?
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Having now considered the judgement, i have notice that proceeding the Respondents name it has been inserted with the letters T/A, which i am to assume is reference as Trading As. During proceedings, and as this has been documented during this thread it was my motivation to identify the respondent as an individual, as opposed to the Company and on application the Court ruled that the individual would be known as the respondent, and the legal entity of proceedings. In a nutshell any liability to paying damages would be against the individual rather than the Company as this would deny any attempts not to pay award, by closing the business, and reopening under a new trade name? The way this company have previously acted, my school of thought is that they are trying to engineer or find a loophole in the system to place liabilities on the company. This is why i made the Court application which was successful as to identify the individual in place of the Company to block any liability being other than the named individual as respondent. As always any help would be appreciated.
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Thanks for that, We are now in receipt of the judgment so another boxed ticked. The judge who will consider the preparation cost application will be aware of the chronology of how the case was conducted, I do not want to burden him with proof that I followed what I had assumed the Tribunal would have expected both parties to achieve, a settlement as to save costs. I gave a figure which was evidently more closer to the award, they offered £500, which incidentally was the first offer made via ACAS at the beginning of the litigation. Whilst it is not for me to judge, the solicitor acting for the respondent did not act in the interest of justice and he did act on the fact that he was not and would not have got away with all he did, if my daughter had paid to be legally represented, which because of her finances was unable that reliance. So if costs are awarded, and the solicitor was in anyway liable, it may deter him again from trying to take advantage of a women pregnant and without the funds needed to secure legal representation.
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Hi A question on costs, should the judge who will be dealing with my daughters cost application be made aware of our attempts on " as to save cost on a without prejudice basis" before the trial that was offered to the representive acting for the respondent? I am not quite sure but I am sure that I have read this needs to be relayed to the judge as to consider the cost application. As always, any advice would be greatly appreciated.
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No, the allegations are as they were and nothing has changed. What is evident is that any grounds that I felt I had T established during the pre action period, by my solicitor. The professional negligence oddly enough is partially based on the original solicitor not following the protocol under a Disrepair case, which would include any Personal Injury claim as was the case, because of the disrepair, which they were fully aware of, but maintained were not issues, which would have been issued had the solicitor followed the protocol which as I now understand, was a professional obligation. The Disrepair claim was subject to a compromise agreement, but on the instructions that I reserved any legal entitlement I had to make a separate claim for PI, not only was this not acted upon and disclosed as part of any agreement to compromise, the fact that I was told to sign the compromise would by the wording on the agreement deny me any future rights to claim for PI. The solicitors acting said that my original solicitor was (a) negligent in failing to take instructing (b) negligent in allowing me to sign the compromise agreement, because this was in effect me giving up any rights I had to claim PI as a result of the disrepair.
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Hi, I have previously instructed a solicitor to act and to take instructions in regards to any potential claim for damages, on the grounds that a previous solicitor was negligent as he failed to act on instructions. Both my solicitor and on taking advice from a barrister, were minded and in agreement that the actions were more likely than not, professional. This was after the pre action protocol had been adopted and followed by my solicitor. My question is this, I am now considering Court action against the solicitor who was negligent, and despite my solicitor following the protocol, the insurance company are stating that if I want to take court action against their client I will again need to follow the pre action protocol, this despite previos legal representation who were acting on my behalf following that procedure before Court action can be initiated. Either the insurance company are trying to buy another three,month's or am I right in thinking as previous legal representation on my instructions have complied with this on my behalf, which enables me to take the appropriate action via the Civil courts. Any advice, as always would be greatly appreciated.
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Thanks, That's the problem that I am having, deciding what would be form of enforcement to rely on, in such event. The respondent deals in finance so I've got a sneaky feeling that he may well feel that he will use this to get out of paying the judgment. Would the respondent be covered by an indemnity insurance or are such policies not covered for judgments.
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Tribunal have just confirmed that they have this morning received the judgment from the assigned Court and will now be forwarding this on now.
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When I enquired a few weeks back the Tribunal said that the period is 28 days. Or upto 28 days.
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The individual is a broker and from what my daughter says, he works as the middle man between his customers and the larger finance companies. From those options of enforcement's I am minded to make application under the 3rd party debt order. Is there any limit on enforcement orders say for sake that I could apply for removal of goods and a 3rd party debt order running parallel at the same time? Thanks
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The company were adamant for reasons unknown to distance themselves from being a Ltd company. And the judgment was against him as he was the named respondent as opposed to the company who the Court ordered as being the new respondent. On the day of judgement he was the respondent
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It was originally against his company but the judge at the Preliminary hearing raised some doubt to the legal entity of the respondent named in the action because she on the morning of the hearing made subsequent enquiries with Companies house. There was something not quite right and my theory was that he was engineering a move to avoid the company being liable for any debt, and in the event of my daughter winning her case. For that reason I made application to have him as respondent as I assumed any debt he personally would be liable to pay.
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The debtors circumstances as I understand it is that he offers financial services which include providing insurance, loans as an independent going concern. I would have assumed that he would be and giving the nature of his business financially in a position to meet the judgement. That's just my opinion.
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Hi What are the best options to enforce a judgment ? Sorry having problems with posting, my mistake. I would be obliged if someone could advice on what enforcement procedure would be more suitable against and individual as opposed to a company in Employment tribunal judgment recently secured by my daughter.
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Thanks for that Steampowered. Can my daughter request the judgment or is it upto the Tribunal when this is giving?
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14 days for payment has now expired, am I to assume that my daughter will have to wait for the judgment from the Court before alternative means of how to recover are considered, any advice as always, would be greatly appreciated.
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The judge ordered that the Respondent either write or request a hearing for them to give reason/s why the response should not be struck out, the reasons and what were relied upon were not giving to the Claimant before the judge allowed the trial to go ahead the next day.
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Thanks for that Steampowered, So its just a case of waiting for the verdict being written on the form of a judgment from the Court. Any information on the respondents objection to the claim being struck out with the reasons not being disclosed to the other side would be appreciated, rule 30(2)
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The strike out application which the Court was considering under its own motion and with our application for an unless order. The Respondent in receiving the threat of the Court did not give the Claimant any indication nor the reasons for not striking out the claim prior to this application. It is my understanding that all correspondence which would include submitting the reasons for not striking out would have to be giving not only to the court but also to the other party, pre any decision based on what was being pleaded?
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The decision was made orally as were the awards. From what I can recall, the legal representative did ask the judge for written reasons at the conclusion of the case. Can enforcement proceedings be made 14 days after judgment pending any right of considering an appeal?
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