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Tom Brennan v NatWest - This is a must-read!!!


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My particulars of claim, skeleton arguments, etc, have pleaded points of law that are not entirely clear at present, such as breach of statutory duty, aggravated damages, exemplary damages, consequential loss, etc.

 

I don't think it would be appropriate for me to post those points of law until I have had some final ruling in my case. My concern is that people will rely on those points but will be unable to put them across effectively before any judge, and the authorities are not entirely clear on these issues. As a result, it may actually detract from any legitimate claim that you have, and may cause those bringing such a claim additional costs.

 

Having said that, if my appeal is succesful then I will be posting all the relevant documents either here or on my own website. In the meantime, keep pressing for your charges to be returned until a test case of some sort resolves all these additional issues.

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Well done Tom. Ihave ben watching your site for some time friom the beginn9ing in fcact and w e all wish you the best. Let us hope that the judge understands the inequlaity of the business acumen of financial institutions in such matters.

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Tom,

 

The fact there was no show from Natwest speaks volumes. The silence is deafening. I get the feeling you may not get a decision until after the OFT test case, but it will go in your favour.

 

In the interim, they are on the back foot, and will not have expected an appeal. Total respect for not being quashed, your determination and resilience has given others the urge to continue.

 

They now need to understand the weight of your following.

 

Right behind you.

 

Tide

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The Judge has informed TB that a judgement on his appeal has been made

and he expects to receive a ''considered judgement'' on Monday.

 

Without wishing to raise false hopes, he believes that it is usual protocol

that if the appellant is unsuccessful, he is informed prior to a receiving

the written judgement and this has not happened.

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Good luck Tom.......... fingers crossed! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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TOM, wishing you all the best in your appeal hearing, I hope your D.J. has the interests of the general arguments that you have put forward in his mind and not what appears to be a landslide of D.Js opinions ,to put the prima facia reasons for our actions against the banks, to the backs of their minds and await the result of the test case, "HOWEVER" strong our claims are. "EXEMPLO DUCEMUS" ;)

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He just spoke to the court but has still not been issued with the judgement.

 

There seems to have been some miscommunication at the court. Apparently, just before he took off on holiday, the judge left his judgement for the court clerk to send, not realising the clerk was

also on holiday. Now there's a surprise.

 

It is hoped he'll have it in the morning.

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I have now spoken to the Judge's clerk, and unfortunately the judgment is still being drafted. Whilst no timescale can be put on the date when it will be released, I have explained my situation to the clerk, and I am optimistic that the judgment will be handed down soon.

 

Whilst it is a little frustrating to wait for a decision, especially one which affects me so strongly, it must be remembered that all High Court judges are extremely busy, and that they have a great number of cases to deal with.

 

The fact that this judge is taking his time to draft a well-considered judgment can only be a good thing. If I am to be unsuccesful in this case, I would prefer to have a good judgment and wait a few extra days. After all, this has been going since September of 2006, so a few more days won't hurt.

 

As soon as I get the result, I will post on this site and update my website accordingly.

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Might it not be the case that the judge has now 'redrafted' his about-to-be-issued judgment in the light of the contemporaneous issuing of the OFT's Reply to the Banks' Defence and Counterclaim? The OFT Reply was issued just as he was about to hand down his judgment before going off on Hols? Perhaps he took the Reply on Hols?

 

It's just that the OFT Reply clearly now defines the issues at stake, especially this business of the act of depositing moneys in a current account as being a loanTO the bank by the customer. It also has a lot of new 'definitions' of the issues that anyone handing down a judgment in the area would find 'useful'.

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