Jump to content


  • Tweets

  • Posts

    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HELP WITH CASE LAWS PLEASE: commercial litigation


MNNN
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4491 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Could anyone out there please help me find corresponding case laws to the following:

 

1. Case law for misrepresentation: the Defendant gave a false name throughout our dealings. This lead the Claimant to initiate research under the given name which lead to no associated Directorships and also lead to findings of online positive reviews. The Claimant induced the contract upon these flawless findings. After the Claimant initiated Court Proceedings the Defendants real name was exposed. Research under the real name (a) lead to many associated Directorships (all of dissolved shambolic companies) and (b) lead to genuine reviews of the Defendant which advise others against doing business with them; their stories show great similarities to how the Claimant has suffered.

 

2. Case law for misrepresentation: false positive online reviews using Defendants false name. These are the only positive reviews that can be found online. All the reviews can be traced back to the Defendant and their family members who all give false business names and addresses. The Claimant induced the contract upon these false claims.

 

3. Case law for misrepresentation: the Defendant gave a long list of high end famous clients and claimed that they had all "benefitted" from working with them, even stating it on their website. Following the Claimant taking references from the said clients, they all confirmed they had never benefitted from working with the Defendant and that their businesses hugely suffered as a result of working with them. Furthermore, they had all confirmed they worked with the Director of the company but not with the company in question as the website stated. Following court proceedings, the page on the website has since been completely removed. This is the primary reason why the Claimant induced the contract.

 

4. Case law for blackmail/extortion: The Defendant demanded payment yet did not let the Claimant quality check the goods. The Defendant demanded payment for prices which far exceeded those that had been agreed (thousands of pounds more) and for quantities which far exceeded the quantities that had been agreed (over 200 hundred more). The Defendant allowed the Claimant to remove a small quantity of goods under the agreement that the Claimant write an agreement, under duress confirming that they would pay all the monies. Once the Claimant was given the chance to quality check the small quantity of goods, the Claimant begged the Defendant to stop production. The Defendant then confirmed they had stopped production yet demanded payment for all the products on their purported invoice . The Defendant informed the Claimant that if they did not pay their purported invoice they would move premises and would never be found again. Two weeks after, the Claimant recordered the Defendant confirming that "a lot" of products had not been made yet Defendant refused to give actual quantities and continued to demand payment for all the goods. After court proceedings commenced the Defendant confirmed in their Defence that all the products had been made. A year after they submitted their Defence the Defendant confirmed in a "without prejudice" document that most the garments had been "merely cut", "very few" had been made and that the Claimant had taken most the products (the Claimant has proof in email that the Defendant has all of the products).

 

5. Case law for breach of contract: the Defendant denies in their Defence that the goods were to be made to a high quality. The goods in the Claimants possession are an incredibly low quality. The Claimant has concrete evidence via email correspondence that the Defendant agreed to make them to a high quality.

Link to post
Share on other sites

Has the person been convicted of any criminal activity ? you need to be careful that the claim doesn't backfire in a civil court (as opposed to a criminal court)

 

hello, thank you for your post. I do not know if they have ever been convicted of any criminal activity in the past.

Link to post
Share on other sites

It may sound obvious but have you tried Google, Baillie or even going to your local library?

 

As for the blackmail/extortion caselaw, that is a criminal matter so not sure what you want out of that one...

 

Thank you for your post. I spent a full day yesterday researching case laws, however the ones that I have read do not cover the grounds of false advertisement and false names.

 

My apologies regarding the blackmail/extortion case law, I was not aware this was entirely a criminal matter: for this point I think I shall simply state the facts and supply the evidence and leave the rest to the Judge.

Link to post
Share on other sites

Could anyone out there please help me find corresponding case laws to the following:

 

1. Case law for misrepresentation: the Defendant gave a false name throughout our dealings. This lead the Claimant to initiate research under the given name which lead to no associated Directorships and also lead to findings of online positive reviews. The Claimant induced the contract upon these flawless findings. After the Claimant initiated Court Proceedings the Defendants real name was exposed. Research under the real name (a) lead to many associated Directorships (all of dissolved shambolic companies) and (b) lead to genuine reviews of the Defendant which advise others against doing business with them; their stories show great similarities to how the Claimant has suffered.

 

2. Case law for misrepresentation: false positive online reviews using Defendants false name. These are the only positive reviews that can be found online. All the reviews can be traced back to the Defendant and their family members who all give false business names and addresses. The Claimant induced the contract upon these false claims.

 

3. Case law for misrepresentation: the Defendant gave a long list of high end famous clients and claimed that they had all "benefitted" from working with them, even stating it on their website. Following the Claimant taking references from the said clients, they all confirmed they had never benefitted from working with the Defendant and that their businesses hugely suffered as a result of working with them. Furthermore, they had all confirmed they worked with the Director of the company but not with the company in question as the website stated. Following court proceedings, the page on the website has since been completely removed. This is the primary reason why the Claimant induced the contract.

 

4. Case law for blackmail/extortion: The Defendant demanded payment yet did not let the Claimant quality check the goods. The Defendant demanded payment for prices which far exceeded those that had been agreed (thousands of pounds more) and for quantities which far exceeded the quantities that had been agreed (over 200 hundred more). The Defendant allowed the Claimant to remove a small quantity of goods under the agreement that the Claimant write an agreement, under duress confirming that they would pay all the monies. Once the Claimant was given the chance to quality check the small quantity of goods, the Claimant begged the Defendant to stop production. The Defendant then confirmed they had stopped production yet demanded payment for all the products on their purported invoice . The Defendant informed the Claimant that if they did not pay their purported invoice they would move premises and would never be found again. Two weeks after, the Claimant recordered the Defendant confirming that "a lot" of products had not been made yet Defendant refused to give actual quantities and continued to demand payment for all the goods. After court proceedings commenced the Defendant confirmed in their Defence that all the products had been made. A year after they submitted their Defence the Defendant confirmed in a "without prejudice" document that most the garments had been "merely cut", "very few" had been made and that the Claimant had taken most the products (the Claimant has proof in email that the Defendant has all of the products).

 

5. Case law for breach of contract: the Defendant denies in their Defence that the goods were to be made to a high quality. The goods in the Claimants possession are an incredibly low quality. The Claimant has concrete evidence via email correspondence that the Defendant agreed to make them to a high quality.

 

Good afternoon MNNN Watson

 

http://www.bailii.org/ew/cases/EWCA/Civ/1965/2.html

http://www.bailii.org/ew/cases/EWCA/Civ/1956/5.html

http://www.bailii.org/ew/cases/EWCA/Civ/1954/8.html

http://www.bailii.org/uk/cases/UKPC/1926/1.html

http://www.bailii.org/ew/cases/EWCA/Civ/1976/4.html

http://www.bailii.org/ew/cases/EWCA/Civ/2006/386.html

http://www.bailii.org/uk/cases/UKHL/1889/1.html

http://www.bailii.org/uk/cases/UKHL/1963/4.html

http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd021106/pakist-1.htm

(in the above House of Lords case, MNNN, the agent acting for the company was held personally liable)

There’s a few authorities (for now Watson) for you to sit up in bed with past the midnight hour, where you will learn the legalities of the subject of misrepresentation and destroy the Defendant with powerful and established law.

Godzilla Watson

Kind Regards

The Mould

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...