Claim defence

completelyfubar

Castle wrote: »

ensuring that they have Landowner's authority.

That's the thing... I know that their Due Diligence is woeful but UKCPM will just say that the contract is void due to Mr Hussain's misrepresentation.

nosferatu1001

That doesnt apply.
They failed to perform any diligence such as KYC and are still liable for the breach carried out on behalf of the principal.

KADOE is clear that they are the data controller (PPC) and as such they are required to ensure appropriate use of data.

completelyfubar

I love this forum....;)

c-torr

bargepole wrote: »

Dear Gladstones,

As you will be aware, claim no. DXXXXXXX was heard on Tuesday 16 January at XXXXX County Court, and dismissed for the reason that the District Judge found that your client, UKCPM, did not have the necessary authority from the landowner to operate on the relevant site.

There is a further claim, no. DXXXXXXX, proceeding through the Court system, involving essentially the same facts and cause of action as the previous one. Since the first claim has now been determined res judicata, it would be an abuse of process to continue with the second claim, for which the leading authorities are Henderson v Henderson [1843] 3 Hare 100 and Johnson v Gore Wood & Co (No.1) [2002] 2 A.C. 1, HL.

I therefore suggest that you advise your client, in the strongest possible terms, to discontinue this second matter. Should they decide to proceed to trial, with the now inevitable outcome of the claim being dismissed, I will seek my costs, plus further costs for unreasonable behaviour pursuant to CPR 27.14(2)(g).

Yours etc.

Hi,
would it be worth sending this to gladstones before my hearing (slightly altered i.e. remove "res judicata"). I have until the end of the month to serve all my documents.....

completelyfubar

Lets wait and see if my second claim is discontinued.
I fully expect GS to ignore my letter even though they now have the courts letter of Judgement.
But if they do discontinue then we could use that for all the others on the facebook group

completelyfubar

If the second claim does go to court then would I need a transcript of the judgement?
... or can I just quote the similarity in 'particulars of claim' and copy the judgement letter in my bundle?

[Deleted User]

Put them on notice that you will apply for the transcript of the previous proceedings and adduce them to the court. If the claim is struck your claim for unreasonable costs will include the transcript costs

completelyfubar

I've just had the courts response to the 'small claims track' request on the second case.
It says 'on the papers' even though I requested a hearing. I was under the impression that they needed both parties to agree before they could do that?
Any advice would be appreciated peeps.

nosferatu1001

Indeed, you need to tell the court you want this as a hearing. this is your right as a defendant.

completelyfubar

I've sent them a letter and email to request the change to 'hearing'.

On another note, the local community are really getting together and fighting this one, over 35 people on the FB message board now and they have organised the Lancashire Evening Telegraph to investigate!
They have arranged a group meeting outside the restaurant scheduled for tomorrow with a photographer and journalist