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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The chairman of a charity, of which I am a trustee breached

Customer Question

The chairman of a charity, of which I am a trustee breached our charity's constitution when the said chairman falsely proclaimed in the trustees' monthly meeting on 30.4.2014 that I could not exercise my right as a trustee ( I.e; could not vote on motions during that meeting), since I had resigned approximately six years previously from the said trust). He further falsely claimed that he possessed my alleged letter of resignation to prove it. Naturally I felt quite humiliated & upset.

Since 30.4.2014, several email requests & 3 verbal requests he has failed to produce the said letter(which I know, does not exist).

My question to you is :

Will a County Court do the following?

1) accept this case for a hearing

2) Rescind the chairman's decision if he does not produce this alleged letter of resignation.

3)Perhaps award me some compensation including my court costs.

Yours sincerely,

Dr.Zafar Malik
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

1) accept this case for a hearing - yes the Court would hear the case

Alex Watts :

2) Rescind the chairman's decision if he does not produce this alleged letter of resignation. - No, the Court can not do this, What a Court can do is make a declaration that the decision made was false.

Alex Watts :

3)Perhaps award me some compensation including my court costs - if an order is for disclosure, so you have a copy of the letter and you win, then you can claim costs. But unless a loss has been suffered which ideally can be quantified then no compensation will be awarded

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks for your quick response. Kindly advise what County Court Forms to fill for this case, bearing that I will be taking them to Bow County Court, Romford Road, Stratford,London,E 15 for the legal action/proceedings & I want to claim just my legal costs, I.e; any Court application/proceeding fees & any transport expenses. I feel that it would be Form 1 to fill. Please do advise. Many thanks.
Customer: Yours Sincerely
Customer: Dr.Zafar Malik,M.B.B.S
Alex Watts : You will need form N1
Customer: Retired medical doctor
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : you ask the court for an order plus costs.
Alex Watts : Can I clarify anything?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.


Dear madam,

Many thanks for your v. Quick & quite helpful answer.

Under Question 3 , regarding awarding any compensation , you say, " If an order is for disclosure, so you have a copy of the letter and you win , then you can claim costs".

Please clarify what an order for disclosure is & " you have a copy of the letter", what do these two phrases mean from my point of view as I am not very familiar with legal jargon.

I intend to save & keep any expenses receipts including Court case filing fee receipts for production to the trial Judge.

Also, who will make this Order. I suppose it will be a trial Judge. And who will provide a copy of letter?

Please could you clarify.

Yours sincerely,

Dr.Zafar Malik, M.B.B.S,

Retired medical doctor
Expert:  Ash replied 2 years ago.
It will be the trial Judge and they will Order the person to disclose or provide a copy of the letter you seek.

Once the Order is made you can ask for your costs.

Can I clarify anything else please?

Alex
Customer: replied 2 years ago.
Dear madam,

Please advise. The defendant insulted me in the presence of several people with his baseless wild allegations. I see that there is an innuendo of defamatory slander as his proclamation " You are not a trustee" could mean I am an impostor/I am not trustworthy , etc; .

Please see that I am like an Islamic vicar & perform Muslim religious weddings for Muslim couples in London. As a result I have suffered personal damage to my standing & reputation in the community. Can I claim a meager £250 for this? I do not want to go to the High Court.

As the N.1 Form is filled in triplicate, can I type one form & stick two photocopies on the remaining two?

Many thanks for your advice.

Yours sincerely

DrZafar Malik MBBS
Retired Medical Doctor
Expert:  Ash replied 2 years ago.
Yes of course you can do this. You can't claim £250 and be a small claim. It has to be a High Court action.

Yes you can photocopy N1.

Alex

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