How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

FAO Alex W. The defendant on behalf of the claimant established

Customer Question

FAO Alex W. The defendant on behalf of the claimant established a Limited company with he claims the claimant’s donation of £13,500. This donation was given to and cashed personally by the defendant who then claims that he has paid the £13,500 into the company. The defendant has not as he said he would do registered the company with the Charities Commission or in the absence of this structured it as a charity as no trustees have been appointed. The defendant as sole director is in full control of the assets. The claim is about just how the assets are being safeguarded in order to fulfil the promises that the defendant made to the claimant regarding donations to her chosen charities upon her death. As part of the disclosure process I will be asking for proof of the financial standing of the company (charity) including transaction details by way of visibility of bank statements.
Ideally the defendant would have made the claimant a joint director, but that did not happen. The defendant is being evasive and has after repeated requests not furnished any information at all and hence there is now a claim against him.
It is sight of the bank statement that I believe to be crucial as this will determine if the defendant has done the right thing or as I suspect something is amiss. It would clear things up immediately.
However on reading a few articles, would this document be considered as ‘privileged’ as it may incriminate the defendant?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Bank statement - no
Alex Watts : Privilege only applies to solicitor to client letters
Alex Watts : You can request disclosure of the bank statement as it is material to the case.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I know that you won’t be able to second guess things but from your experience is there anything that the defendant could cite as being just cause to not to let me have sight of the bank statements as part of the ADR process that I am desperately but so far unsuccessfully trying to engage him in?

Alex Watts : It is
Alex Watts : possinleimpossible.
Alex Watts : It is possible.
Alex Watts : You can threaten with an application for specific disclosure.
Alex Watts : Does that help?
Customer:

OK. I take it that if the court asks for it he will be obliged to disclose it?


With how the defendant has acted so far I would only be happy with seeing it on-line directly from the bank. Or is the solution to request that he provides bank certified copies?

Alex Watts :

Yes if the Court makes an Order he will have to disclose it

Alex Watts :

You can request either

Alex Watts :

Does that help?

Customer:

Thank you very much... again.

Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

new question posted

Expert:  Ash replied 3 years ago.
Thanks.