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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The chairman of a charity, of which I am a trustee breached

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The chairman of a charity, of which I am a trustee breached our charity's constitution when the said chairman falsely proclaimed in the trustees' monthly meeting on 30.4.2014 that I could not exercise my right as a trustee ( I.e; could not vote on motions during that meeting), since I had resigned approximately six years previously from the said trust). He further falsely claimed that he possessed my alleged letter of resignation to prove it. Naturally I felt quite humiliated & upset.

Since 30.4.2014, several email requests & 3 verbal requests he has failed to produce the said letter(which I know, does not exist).

My question to you is :

Will a County Court do the following?

1) accept this case for a hearing

2) Rescind the chairman's decision if he does not produce this alleged letter of resignation.

3)Perhaps award me some compensation including my court costs.

Yours sincerely,

Dr.Zafar Malik

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

1) accept this case for a hearing - yes the Court would hear the case

Alex Watts :

2) Rescind the chairman's decision if he does not produce this alleged letter of resignation. - No, the Court can not do this, What a Court can do is make a declaration that the decision made was false.

Alex Watts :

3)Perhaps award me some compensation including my court costs - if an order is for disclosure, so you have a copy of the letter and you win, then you can claim costs. But unless a loss has been suffered which ideally can be quantified then no compensation will be awarded

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks for your quick response. Kindly advise what County Court Forms to fill for this case, bearing that I will be taking them to Bow County Court, Romford Road, Stratford,London,E 15 for the legal action/proceedings & I want to claim just my legal costs, I.e; any Court application/proceeding fees & any transport expenses. I feel that it would be Form 1 to fill. Please do advise. Many thanks.
Customer: Yours Sincerely
Customer: Dr.Zafar Malik,M.B.B.S
Alex Watts : You will need form N1
Customer: Retired medical doctor
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : you ask the court for an order plus costs.
Alex Watts : Can I clarify anything?
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Customer: replied 3 years ago.


Dear madam,

Many thanks for your v. Quick & quite helpful answer.

Under Question 3 , regarding awarding any compensation , you say, " If an order is for disclosure, so you have a copy of the letter and you win , then you can claim costs".

Please clarify what an order for disclosure is & " you have a copy of the letter", what do these two phrases mean from my point of view as I am not very familiar with legal jargon.

I intend to save & keep any expenses receipts including Court case filing fee receipts for production to the trial Judge.

Also, who will make this Order. I suppose it will be a trial Judge. And who will provide a copy of letter?

Please could you clarify.

Yours sincerely,

Dr.Zafar Malik, M.B.B.S,

Retired medical doctor
It will be the trial Judge and they will Order the person to disclose or provide a copy of the letter you seek.

Once the Order is made you can ask for your costs.

Can I clarify anything else please?

Alex
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Customer: replied 3 years ago.
Dear madam,

Please advise. The defendant insulted me in the presence of several people with his baseless wild allegations. I see that there is an innuendo of defamatory slander as his proclamation " You are not a trustee" could mean I am an impostor/I am not trustworthy , etc; .

Please see that I am like an Islamic vicar & perform Muslim religious weddings for Muslim couples in London. As a result I have suffered personal damage to my standing & reputation in the community. Can I claim a meager £250 for this? I do not want to go to the High Court.

As the N.1 Form is filled in triplicate, can I type one form & stick two photocopies on the remaining two?

Many thanks for your advice.

Yours sincerely

DrZafar Malik MBBS
Retired Medical Doctor
Yes of course you can do this. You can't claim £250 and be a small claim. It has to be a High Court action.

Yes you can photocopy N1.

Alex
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