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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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Recently I was falsely led to believe I was named as the assured

Customer Question

Recently I was falsely led to believe I was named as the assured on an insurance contract, when in fact I was the insured. Having been told I was the assured and having had pressure put on me, I handed over 120 thousand euro. I've also found out that my management team allowed another 160 thousand euro of wages of mine to be kept by my booking agent
(I'm a musician) against my knowledge for cancelled shows , when I'm the assured and not the insured. Is this fraud? And how can I retrieve my money?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. Yes, both these instances are a species of fraud and amount to sharp practice. In the first case you can sue for deceit or fraudulent misrepresentation as you were wrongly represented that you were the insured and not the assured, when you handed over the 120k. In the second case, you can sue for breach of contract and fraud for the wrongful withholding of your wages. This 160k is recoverable from the booking agent who kept your wages against your knowledge. Here you can still sue even though time might have elapsed when you weren't aware of what happened. You will not be penalised for your lack of knowledge as it was hidden from you. I would advise you to see a solicitor and get him to issue legal proceedings in each case against the person concerned. The solicitor might be amendable to some form of percentage arrangement in taking the case.
Customer: replied 2 years ago.
Thanks. What kind of solicitor should I go to ? Professional negligence? Litigation ?
Expert:  Buachaill replied 2 years ago.
2. Here, I would go for a litigation specialist. Look in your local paper or find a solicitor who specialises in High Court litigation. Given the amounts of money involved the case will be in the HIgh Court.