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1. The solution to your situation is quite simple. You now sue Tony Gould for the money he misappropriated. There is no time limit on fraud, so you are still within time to sue him and to recover all the monies taken from him. You can attempt to amend your case against ***** *****kely to raise the issue of unjust enrichment rather than fraud. However, as the judge has already taken a dim view of your proceedings, you might be well leave them where they are. Or discontinue.
2. Your solicitor will have to judge whether it is likely you will be allowed to amend your proceedings at this stage to sue ***** *****kely for unjust enrichment. However, you should at least attempt to do so, before you give up.
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