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 Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I have received an Affidavit of Shareholder application

Customer Question

I have received an Affidavit of Shareholder for an application to apply for leave to bring a Derivative Action. The document that I have to sign uses language such as .. concocted a plan to defraud, ... was clearly a fraud,
Could I be sued for deformation of character if the action was not successful?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you. I am a company law expert.
Is this your Affidavit? If so do you actually believe these allegations?
Kind regards
AJ
Expert:  Alex J. replied 1 year ago.
I have to go offline until 1.30 pm.
Please do not be concerned if I do not respond right away.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

AJ this is not what I was expecting. You have received my payment I need a reply now your are 5 hours behind gmt

Customer: replied 1 year ago.

I already answered your question but I repeat that I am one of a group of 12 shareholders and I believe the allegations . I can't wait until you 1.30 for your reply as you are 5 hours behind and I need to send the document today. The information on Just Answer website led me to believe I would get a response to my question much sooner.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
My apologies for the confusion, I can confirm this is a US based Site, however I am a UK based solicitor. I temporarily left my computer for a meeting. I have now returned.
I can confirm that an Affidavit has the benefit of privilege and you cannot be subject to a defamation claim for making allegations in it.
If you make allegations that are deliberately misleading, purely conjecture or just false you could be in contempt of court because you have to have affidavit sworn before a notary (unless it is just a witness statement in which case you will sign a statement of truth in accordance with the civil procedure rules). An affidavit or witness statement should only contain statements of fact pertaining to a persons recollection of those facts. Are you being asked to sign a an affidavit that purports to be your words?
I am experienced in derivative actions under S.260 of the Companies Act 2006 (and minority prejudice claims under S.994) and can assist you with this further if you would like to continue?
I look forward to hearing from you.
Kind regards
AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice