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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If an employment tribuneral found I was a 50-50 partner in

Resolved Question:

If an employment tribuneral found I was a 50-50 partner in a company and not an employee how would this hold up in court if I was trying to prove I'd been cheated and frozen out of the company
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me why you are going to a tribunal please.

Customer: I was cheeted out if the company sacked as director shares diluted I started the company brought partner in to do paper work he had dormant company with mother I signed me in and her off he never put papers in when company became succsesfull he decided to go it alone I lost everything and can't afford lawyer so went tribuneral way they determined against me as I was a 50-50 shareolder
Customer: It was free
Customer: Where is answer to my question
Customer: Hello is anybody there
Customer: Could I have an answer to my question
Ben Jones :

Hi, sorry I was offline by the time you had replied. When you say you want to go to court what are you trying to claim against the company?

Customer: That the company is 50-50 and I should be paid a 50-50 share.
Customer: The partner admitted in the tribuneral that it was a 50-50 company
Ben Jones :

Whilst you are certainly able to use that judgment to support your case because it is after all a formal decision of a court of law, it does not guarantee that the court where you make the new claim will agree with it. These will be two separate cases, in separate venues and with separate judges. Just because a judge in a previous case has found that you are a partner does not mean that the other court will agree and they will determine this from fresh based on the evidence you have provided and any defence the other party has submitted. The tribunal judgment will not be binding on the court because tribunal judgments are not legally binding - they can be persuasive but the courts in any subsequent case will not be obliged to follow it and are free to come to their own conclusion at the time

Customer: I take it the partners evidence under oath would be binding
Ben Jones :

again, to an extent, for example if this is not provided as formal witness evidence in the new claim where the witness can be cross-examined on it, it will only hold limited weight

Customer: Thank you as a note I am also giving evidence against him in a illegal money lending case which gives an idea of his character thank you
Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46749
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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