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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Malicious prosecution - caused by false accounting by Trust

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Malicious prosecution - caused by false accounting by Trust accountant - false representation - leading to unjust enrichment - he/they received indemnity after intimidation, duress, and defective consent. Can a case be re-opened now that the evidence is available, and finance to follow through? Loss amounts to £4.5 m. Michael Hobson e.mail [email protected] .co.uk tel. 01929 439099
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Mike,

You may report the matter to the police and or the serious fraud office as fraud under the Fraud Act 2006.

If as you say there is good evidence of the irregularities, you can hopefully get the police or the SFO to take action.

May I help further?



Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What is the malicious prosecution please?

Customer: replied 3 years ago.

The accountant was negligent with Trust, did not include additions, and sued me (trustee) for the alleged loss when it was discovered by myself. They used their co. insur. to get indemnity, which I hope can get overturned following discovery of facts.

Expert:  Jo C. replied 3 years ago.
Ok.

When you say sued you, you mean an action in the civil courts?
Customer: replied 3 years ago.

Yes - I had retired to N.Z. following the accountants refusal to complete accounts, inc. Trust accounts (which I discovered did not exist) which were 3 years late - considerable problems in accounts - new accountant has proof. Substantial evidence but needs viewing properly - had to leave country due to inl. rev. & co. house problems, now resolved. Assets at that time in excess of £4m. now lost. The case got to Court, but the solicitors acting for me "stuffed up" - I have proof of specifics.

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

Would you mind writing things out in full and using normal punctuation? I'm really sorry but I am really bad with abbrievations.

What is the new evidence?
Customer: replied 3 years ago.

Yes, I had retired to New Zealand following the accountants refusal to complete the accounts, including the Trust accounts, (which I later discovered did not exist) which were three years late. Considerable problems in the accounts, and new accountant has proof. There is substantial evidence, but needs viewing properly. I had to leave the Country due to Inland Revenue and Company House pressures, and problems, now resolved. Assets at that time in excess of £4million now lost. The case got to Court, but the solicitors acting for me "stuffed up", and I have proof of that, I have now forwarded eighteen pages to Fraud Office under the term Fraud Act 1968, and awaiting results.

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously it is easy enough to make a report to the authorities. It is fair to say that they are quite apathetic with old cases but you can always raise complaint which might change their view.

I haven't had vision of this case so I cannot comment really upon the merits. If you are saying that you have incontrovertible evidence that they lied during the civil proceedings then that is perjury. its not malicious prosecution but it is perjury.

Reopening the original civil case is harder to do but you cn apply for a CCJ to be set aside if you have incontrovertible evidence. I would concentrate on the criminal matters first.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks Jo, I am awaiting results from Fraud Office, and then will instruct a lawyer of standing, I think the perjury angle may be difficult, in that they have devious ways (solicitors, that is - do you agree?) but the criminal angle is already under way - I presume that the CCJ would have to be applied for by solicitor. Obviously, you would need to see all he evidence to make a proper assessment so I consider that your office would not be able to advise me further, in an Unjust Enrichment case, so please cancel any further payments. Yours sincerely ***** *****

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience: Over 5 years in practice
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