Construction directors fiduciary duties to his client

**atticus** · 31st January 2023, 15:56:PM

This is a massive subject. Please be very much more specific.

NB also: https://legalbeagles.info/forums/for...21#post1635321

**Blue Spring** · 31st January 2023, 16:59:PM

Please see my redacted POC.

Not yet submitted.

Particulars of Claim in relation to xxxxxx

(Claimant) PB

V

(Defendant 1) Mr PE

And

(Defendant 2) HP

And

(Defendant 3) HC Ltd

And

(Defendant 4) HP Ltd

Dated xx/xx/xxxx

High Level Back Ground and Summary

Mr PE took over a partially completed build from a now established “Rogue Trader”, who failed to order materials as part of his contract, and lied about his actual company name, an issue which has recently been won in a civil case in the XX courts against the builder personally, although he tried to hide behind his directorship, much as Mr PE is attempting to do. From the outset, Mr PE has failed to make it clear that he was acting as the director of a “limited company”, and or what that company name actually was, which will become clearer with my POC, and indeed in detail within my court bundle, rendering him personally liable along with many other issues

Sadly I trusted that Mr PE, but once again I have been crossed by a dodgy builder (Mr PE even admitted he was a crook, and bragged he was “good at it”, when we left the last hearing on the XX/XX/XXXX). Mr PE has previously been reported in local papers for similar antics, and he has many dissolved companies to his name, which incidentally are now attracting the attention of the Insolvency Services for patterns of repeat behaviours.

There are many similarities with my previous claim and this case, although the company naming conventions are far more complex when looking into the back ground surrounding “H”. As a result, and due to other details, I will be able to prove that Mr PE is personally liable as he has “pieced he corporate veil” by his failure to act in good faith, his failure to identify himself as the director of a limited company, and or act with a duty of care towards me as his client, breaching his fiduciary responsibilities, with both Mr PE, and HC Limited (now apparently the company involved in the build), having individually and or jointly failed;

to complete my build with reasonable care and skill (statutory duty) breaching my consumer rights under the CRA 2015
to use the appropriate materials for the task or using them in the wrong way
to follow the plans as laid out by the structural engineer
to adhere to, and or provide Building Regulations, despite confirmation from Mr PE personally that it was their responsibility to provide these.
to finish the project within a reasonable amount of time breaching my consumer rights under the CRA 2015, despite Mr PE claiming I was a priority and promising to “smash” my job over Christmas 2021. Please note my job is STILL incomplete.
to provide any appropriate cancelation rights, breaching the CCR 2013
to carry out the project at a reasonable cost or within the budget specified breaching my consumer rights under the CRA 2015
to file all payments provided (cash and bank transfers) with Companies’ House, the HMRC and or his accountants, or if Mr PE disagrees, to provide all evidence to show to the contrary, aligned to each valuation schedule, and confirmed cash and bank transfer payments received and to provide associated invoices or receipts aligned to all payments made.

(Please note - This is a legal obligation for 2 specific reasons. (a) I intended to subsequently submit some of these payments through my own business (xxx IT Ltd) and (b) It is a legal obligation to provide receipts and sub invoices for a “time and materials” contract).

(Please also note, the legal obligation to provide receipts and invoices, is if a contractor is working on a time/material basis with a mark-up or fee (identified on the schedules in this case as profit), then he/she has a legal obligation to provide receipts and sub invoices. However despite repeat requests, Mr PE has refused to provide these, breaching his fiduciary duties.

to consider health and safety obligations, with no provision of a gas safety certificate, putting any occupants potentially at risk, breaching Mr PE fiduciary duties and his duty of care to me as his client, making him personally responsible for this and other identified failures
to consider health and safety obligations, with incorrectly and unsafely joined structural steels, which have not been installed according to the structural engineering drawings, breaching requirements specified within the CA 2006, and again in breach of his fiduciary duties to me as his client and again his duty of care.
to ensure his limited company name was clearly represented (Phoenix liabilities), once again fundamentally breaching his fiduciary responsibilities and not acting in good faith or identifying as the director of a limited company.
to state within any emails or documents received from Mr PE, or any of his staff to state, “for or on behalf of HC Ltd’ or any limited company come to that, thereby imposing vicarious and or assumed personal liabilities
to work in accordance with the financial act 2020 regarding tax avoidance/tax evasion, by taking cash payments and not declaring these via the correct channels, and not providing receipts and or valid invoices for all payments made and for failing to advise the liquidator associated with HP Ltd of requests made for cash from HP Ltd email addresses via “HP” headed documentation (a company that doesn’t actually exist) and Mr PE has never made any notification that he is “trading as” any specified name, let alone “H” and or “HP”. Please note that there has been no mention of HC Ltd in any associated documentation provided directly to me whatsoever.
to make it clear that he (Mr PE personally) was acting as the director of a limited company, let alone HC Ltd, instead he has used numerous “variations” or “flavours” on the name “H”, but never actually mentioning HC Ltd at any point in time during the build. Indeed Mr PE advises in an email that I cannot pursue him personally as “HP Ltd” is in liquidation, yet he has confusingly confirmed (within legally submitted documents to the courts, that my contract is with HC Ltd, so quite what his reference to “HP Ltd” was for, is beyond me.
to make it clear which company was completing this contract, by requesting cash and bank transfer payments from HP Ltd email addresses (latest valuation No 7 received XX/XX/XXXX), after HP Ltd went into liquidation (xx/xx/xxxx) for work it is now clear and admitted was managed by HC Ltd, yet associated (and invalid) invoices have been sent from HG Ltd email addresses, a company not even owned by Mr PE, again breaching his fiduciary responsibilities to me as his client and not acting in good faith, with payments requested in cash, and to a bank account which did not identify as being for a Ltd company at all.
to return my door keys, effectively theft, and certainly not acting in good faith.
to fit an extractor fan and or ducting for ventilation of an internal toilet, breaching building regulations, not acting in good faith in breach of my consumer rights under the CRA 2015.
to provide interim building control sign off documentation, covering all aspects of the build, including supporting evidence, inclusive of drainage.
to use payments paid in cash for the benefit of the company, but instead used cash payments for personal gain, re unjust enrichment, dishonest assistance and knowing receipt. This is defined as the builder not accounting for the money i.e. it was used for his own personal benefit rather than the company's benefit, and is supported by a total reluctance of Mr PE to provide receipts and or invoices for all payments made, and or to provide evidence that these payments were all processed via his accounts/books.

Details of my POC

My claim is against Mr PE (for his failure to identify himself as the company director) personally, and for his specific failures to comply with his fiduciary responsibilities to me as his client and or on behalf of his company (HC Ltd) and its associated shareholders, as the company director, and other regulatory breaches, including a failure to identify himself as the director of any Ltd company whatsoever (let alone HC Ltd), and against his business, HC Ltd, because;

Mr PE failed in his fiduciary duties to act in good faith as the director of HC Ltd, by failing to deliver against various promises, (breaching my Consumer Rights), including his failure to provide building regulation certification, and or gas safety certs, by being both deceitful (stating in writing this was their responsibility to provide these regulatory requirements and then not doing so) and ultimately leaving my property in a dangerous condition, putting anyone who used the property at risk (health and safety concerns), breaking my trust and confidence in him personally and that of his company. Mr PE knew that omitting the extractor fan and ducting for example, would result in a rejection by the planning authorities in breach of his duty to exercise reasonable care, skill and diligence in accordance with section 174 of the CA 2006, yet blatantly emailed me saying it was not going to be installed.
Mr PE’s refusal to return my door keys. This represents Mr PE’s personal bullying and controlling nature (theft) and sets an example of his ongoing behaviour throughout this build, and represents another breach of his fiduciary duties. Not acting in good faith.
Mr PE failed to purchase and install previously paid for materials, including the extractor fan, ducting and sanitary ware, once again in breach of his fiduciary duties to me as his client by not acting in good faith.
both parties failed to honour work guarantees (established as part of an implied contract) re fixing clearly identified snags (provided by me on numerous occasions), and more recently ignoring issues concerning roof leaks (extension), and flooding in my garage (both warranty issues) again failing under a director’s fiduciary duties, and failing to work with reasonable skills and or care.
Mr PE deliberately introduced considerable confusion over the trading name of the actual company involved in this contract (Phoenixing), and in general ongoing business conduct, in breach of the CA of 2006, by continuing to “communicate” using a variety of names associated with, and indeed sometimes with no connection to, any of his actual businesses. Mr PE has also made no indication whatsoever that he was intending to trade as (“trading as”) any particular named business at any point in time, a point which must be identified on business correspondence in line with the CA 2006. Mr PE continued to allow the use of HP Ltd email addresses after that company entered into liquidation (xx/xx/xxxx). Indeed Mr PE has also used other deliberately misleading issues concerning advertising and or association with various themes on the company’s name via, voice mails, websites, uniforms, vehicle signage, billboards, building signage, online media etc using a variety of different themes all based around the word “H” or “HP”, a matter which is also being investigated alongside other financial issues by the Liquidator and the Insolvency Services for repeat patterns of dishonest behaviours.
Mr PE has never once identified as the director of a limited company.
Mr PE (apparently as the director of HC Ltd)) has deliberately mis-used his company name/s, this time by the provision of a variety of emails sent to me (from Mr PE directly) and his office manager (Miss TP) concerning HC Ltd matters, purporting to be from HG Ltd and or HP Ltd (implied by email addresses used), but at no point in time has an HC Ltd email address been used. Indeed Mr PE has never owned HG Ltd, and has no legal connection with a company of this name. This company is actually owned by a XXXX, based in Devon and as previously established, HP Ltd went into liquidation on xx^th xx xxxx, yet they (Mr PE and Miss TP) continued to send emails from both of these companies email addresses.
Mr PE failed to ensure my extension wasn’t completed with reasonable care and skill, in breach of my Consumer Rights, under the Consumer Rights Act of 2015.
Mr PE deliberately withheld resources and subsequently failed to deliver my extension (build, snags and or warranty work) within a reasonable time frame, in breach of my Consumer Rights, under the Consumer Rights Act of 2015 and was not acting in good faith, breaching his own fiduciary responsibilities. Please note this extension is STILL incomplete.
Mr PE broke his word and failed to meet with other safety certification requirements i.e. did not provide gas safety certification, introducing subsequent health and safety concerns regarding the location of the boiler flu and or any boiler connections.
Mr PE personally insisted on “cash” payments, introducing further concerns regarding his business conduct and or tax declarations, and not acting in the best interests of his company or acting in good faith to his shareholders in breach of his duties as the director to report accurate annual accounts and reports.
of subsequent damage/issues caused as a result of negligence, including extension roof water leaks, garage flooding, misaligned steels, significant wall cracks, unscheduled unwanted design changes (kitchen bulk head), brick slips falling off the wall, poorly fitted and misaligned sky lights, mis-aligned balcony steels, mis-aligned structural steels, incorrectly joined structural steels, incorrect wall heights as per plans provided.
of the failure of Mr PE to provide his business insurance details when requested. I asked for their business insurance details, yet confusingly Miss TP provided me with the cover note for HP Ltd which was sent on the xx/xx/xxxx, some 9 months after HP Ltd entered into liquidation. Given they have both (Miss TP and Mr PE) now subsequently advised my contract was with HC Ltd, this is a deliberate attempt to ignore my request, and obstruct any path for me to pursue the company for their ongoing failures and or warranty issues. Why would you do this unless you had something to hide?
of the failure re skill and care to follow structural engineering plans, introducing significant health and safety risks by incorrectly joining the main structural steels. Mr PE was supposed to have been personally managing the build, and failed in his duty of care to ensure structural engineering plans were followed, verbally advising me after issues were identified “that the steels would not be moved”. Another fiduciary breach by Mr PE, rendering Mr PE personally liable and in breach of his duty of care towards me, especially concerning health and safety.
of the failure to use the correct building materials e.g. incorrect sealant used to secure lead work on extension wall, incorrect brick slip wall adhesive, not installing pad stones as per engineering drawings.
of the failure of Mr PE’s and HC Ltd to carry out the project at a reasonable cost, and or within specified budget, continually adding unagreed items to the valuation schedule and or charging for work they had no intention of completing.
Mr PE continually wanting cash for effectively nothing. Despite a provisional sum of £2000 being included for electrical work, TM (site PM) supported by Mr PE advised many months into the build that I would need to work independently with an electrician without any prior notification to me. I was shocked to even be asked to personally provide this service, when I had contracted the complete extension build to Mr PE. Subsequently this caused considerable additional cost over and above the agreed valuation schedule (£5000+), and further confusion re who was supposed to be doing what, whilst also trying to charge for those very same electrical services they were now advising they were not responsible for. Mr PE even implied he was going to subsequently charge me for allowing the electricians access to what he called “his site”!!
Mr PE continually failed to ensure remedial work was progressed, instead requesting meeting after meeting. At each of those meetings all he wanted was more and more “cash”. Mr PE has one subject on his mind (money), and without it would not continue to fix work unrelated to any chargeable items on the valuation schedules (snags/warranty work). I foolishly paid him one further “cash” advance in the hope he would continue with the work but he didn’t, so I refused to do pay him again, and subsequently the working relationship totally failed. Mr PE was effectively holding me to ransom as a result, again in breach of his fiduciary duties, not acting in good faith.
of Mr PE’s abuse of Consumer Protection Law - The consumer protection law states, oral statements of a salesperson that are relied upon by the consumer can be considered enforceable “warranties” in a sales contract. In other words, a business will have to honour those promises or provide some form of remedy. Mr PE clearly states the provision of Building Regulations is “their” responsibility, and that other identified concerns advised to him, were underwritten by them, yet failed to provide this certificate, and or insurance details, and despite knowing omissions he personally supported, evidenced by emails, would cause building control rejection, and introduced serious structural defects, therefore not acting in good faith and or in the best interests of his company and or me as the consumer by not using the care and skills required under my Consumer Rights.
of Mr PE and or HC Ltd, to provide any formally related documentation pertaining to this company, other than invoices (submitted to the court, not me), which only now introduced this name HC Ltd for the first time. Mr PE has also failed to provide me with any cancellation rights aligned to CCR2013 Model A/B.
of Mr PE’s continual abuse of company naming conventions in breach of the CA 2006. Mr PEs openly reports to be the director of HP on linkedin, not a limited company, yet never mentions HC Ltd, instead hiding behind other variations on the theme “H” when it suits. The complete list of variations supported by photographic evidence will form content within my court bundle.
of the failure of Mr PE and HC Ltd to install an extractor fan and or ducting from an enclosed toilet (no windows) in breach of his duty to exercise reasonable care, skill and diligence in accordance with section 174 of the CA 2006. Once again this is a building regulations requirement which Mr PE was fully aware of yet he personally advised this was not going to be installed, once again breaching his fiduciary responsibilities rendering him personally liable.

To advise my build is still incomplete.

Please note, there isn’t a written contract, but instead an implied contract exists by law which introduces contractual obligations as per a written contract, including warranty and cancellation rights, which have not been honoured by Mr PE.

Please also note, neither party has formally cancelled the contract. Mr PE has been advised of all outstanding issues (warranty work and snags), and has been given numerous opportunities to fix these concerns, yet 19/20 months after the start of this build, Mr PE and or HC Ltd have still failed to address the large majority (unsurprisingly, the costliest) of those identified issues, which fundamentally breaches my Consumer Rights under the Consumer Rights Act of 2015. Mr PE controls all associated resources and has subsequently stopped the project moving forwards, abusing his position in breach of his fiduciary responsibilities to me as his client and was often rude in emails to me, demonstrating his typical bullying and controlling stance and not acting in good faith, and or with a duty of care owed to me as his client.

Further details and a break down of money owing

On the xx/xx/xxxx, Mr PE agreed to take over and complete my build, with advice given that the work would take between 25 and 28 weeks to complete, at an initial cost of £XX, with Mr PE insisting that £YY was paid in cash!!

Mr PE agreed that he would be responsible for the provision of all building regulation certification and other required documentation.

Despite including a provisional sum of £xxxx re charging for electrical work (£xxx paid), Mr PE failed to advise that I was expected to source and work with an electrician independently, causing considerable confusion and over spend/cost to me which I should never have needed to pay. He effectively increased the cost of the build by approx. £xxxx, effectively over charging against the agreed payment schedule, plus reduced his overall delivery responsibilities as part of our agreed contract into the bargain yet has still failed to complete my build.

Mr PE failed to provide gas safety certification for the boiler.

Mr PE failed to provide regulatory certificates for building insulation materials.

Mr PE failed to complete my build in a reasonable time (breach of my Consumer Rights), despite promises to do so, including promises to be working over Christmas XXXX to apparently “smash” my build, and that I was a priority. Nobody turned up over Christmas or the New Year, with no further work taking place until mid-January, which was very spasmodic and eventually stopped completely at the beginning of March XXXX.

Mr PE was paid for items he never ordered, namely an extractor fan, ducting and sanitary ware. I have never been refunded for these payments.

Mr PE failed to install an extractor fan and ducting to an external air vent which is a legal requirement regarding an enclosed downstairs toilet, despite being paid for this work and despite this being necessary to obtain building regulation certification. Mr PE knew full well this would cause issues, but took his usual bullying stance to dictate what would and wouldn’t happen.

Mr PE failed to install structural steels in accordance with structural engineering drawings. Once again Mr PE pretends to know what he is doing, and thinks he knows best and tries to cut corners which is incredibly dangerous. All wall loadings were not being safely supported (over 10 tons of load) through a structural steel joint. Without changes there is a real danger of the wall collapsing. These steels are equally not aligned correctly causing other associated issues.

I am still not living at the property because of this outstanding risk, and other concerns i.e. water damage, and have needed to continue to pay rent as a result.

Phoenixing - Mr PE has once again breached his fiduciary responsibilities and has never implied he was “trading as” any particular company name, yet Mr PE has deliberately mis lead me and mis represented his business / company name with company paper work, valuation schedules, staff uniforms , vehicle signage, voice mails, emails and email addresses, websites all referring to his company as variations on the theme “H” with names like HP, HP Ltd (indeed Mr PE still drives around in a vehicle with HP Ltd on the side over a year after going into liquidation) and or even HG Ltd, and never HC Ltd Mr PE has also assumed personal liability, as no emails or documents received state received “for or on behalf of HC Ltd”, despite using other themed “H” names.

All payments have been made against the valuation schedules (No 1-7), headed as “HP” provided by Mr PE, sent to me from HP Ltd email addresses, despite documents recently submitted to the courts advising the contract was with HC Ltd. All payments have been made via bank transfer (to HC, so not named as a Ltd company) and or cash, minus £XXXX.00 for glass balustrading which Mr PE kept failing to order. Mr PE has subsequently failed to provide any receipts, and or valid invoices for those payments despite repeat requests for these which he is legally obliged to.

In March XXXX, 44 weeks after starting a 28-week max build, (please bear in mind it is now February 2023 and this build is still not complete), it became obvious that Mr PE, who was ultimately controlling all resources, had no intention of doing any further work despite numerous opportunities to fix clearly identified “snags” and or warrantly work (which should have been completed at his companies’ expense), and my previous concerns regarding his attitude and capabilities turned into reality and I lost all trust in him. It became obvious to me he was a con man. Subsequently further issues have occurred on top of previously identified snags, all of which have been confirmed to Mr PE in writing (via phone calls, and posted) yet his response was to advise he was ignoring any further communications with his office. He has continued to ignore my requests to complete the build ever since.

As I was due to go on holiday for 4 weeks at the beginning of May XXXX, and as the build was way behind schedule with no progress being made, and due to the now failed communications and trust position Mr PE had created, I asked Mr PE to return my house keys (front and back door). Mr PE bullishly refused to do as he was asked, advising I would not be robbed whilst I was away (something he could not predict), and “that the world isn’t flat” (which was a weird comment and all very strange and ultimately controlling). Following advice from the police, and my home insurance provider, I was advised that my house locks needed to be changed.

I am therefore claiming for the cost for the doors locks, and a one-off charge for a bank holiday emergency call out.

Total £XX

During the build, and included within the build valuation schedules (from the outset), is the inclusion of an extractor fan and ducting for my new internal downstairs toilet (no windows) which has all been all paid for, yet Mr PE subsequently sent me an email advising it would NOT be installed. Mr PE was fully aware that this would contravene building regulation requirements. I am therefore claiming for retrospective costs to resolve this issue.

Cost break down

Install costs, including removing ceiling and re plastering/decorating £XX
Supply extractor and ducting £XX

Total cost £XX

An extremely concerning area of the build was a large external “settlement” wall crack, caused by bricks settling onto the newly, incorrectly joined and misaligned structural steels. Despite numerous attempts to ensure Mr PE resolved this issue, Mr PE ensured this was not progressed, effectively stopping TM (PM) from addressing the matter. This was never resolved.

Cost break down

Scaffolding £XX
Brick layer labour and materials £XX

Total cost £XX

Another aspect of the build, required plaster boarding (dot and dab) to an existing internal brick wall plus adding brick slips (agreed and paid for as an addition – paid in cash as requested by Mr PE). This work was not completed correctly and I am claiming for retrospective costs to resolve this position.

Cost break down

Removal of brick slips and plaster board £XX
Supply and refit plasterboard and brick slip £XX

Total cost £XX

My extension roof has not been fitted correctly, causing water leaks and subsequently required re-roofing. I am claiming costs to resolve

Total cost £XX

Structural steels have not been correctly installed. Not only are they not parallel (Steels A and B), causing issues with the sky lights, but they have also not been installed/joined according to building regulations and or the structural engineering drawings.

Cost breakdown

Removal of kitchen units and disconnect appliances safely £XX
Removal of flooring and screed £XX
Removal of roof £XX
Brick work add 2 courses £XX
Refit roof, skylights, slates etc £XX
Re screed the floor £XX
Re-fit Kitchen £XX
Re-fit flooring £XX
Steel removal of plasterboard, acro prop, steel etc £XX
Welder £XX
Reinstate brick work £XX
Re install noggins £XX
New Plastering to alterations £XX
Protection to all areas £XX

Total £XX

More recently a water leak caused by poorly installed (they put a screw through an existing water pipe when fitting the underfloor water heating pipes caused a water leak that over time caused the garage ceiling to collapse onto my car and has caused subsequent damage to the ceiling, all garage cupboards / lighting electrics, the insulation, the floor and my car.

I am claiming costs to rectify points that are not covered by my home insurance, which include the damage to my car, and the increase in my ongoing home insurance premiums, an amount I will allow the court to decide, plus storage costs for my car, whilst the garage is out of action (4 months).

The total cost (£XX) for garage corrections (inclusive of vat) has been covered by my home insurance but should ultimately be addressed as a warranty issue, but knowing Mr PE was ignoring any requests to address other concerns, I had no choice other than to make a claim.

I have paid £XX inclusive of vat to fix my car (excess on my car insurance is higher than the amount to fix so I paid in cash) and storage costs of £XX inclusive of vat (4 months) whilst the garage is out of action.

Total £XX

Cost of a building surveyors report to support my claim position produced by xxxxxxx.

Total £XX

Electrical services paid for, which should never have been requested by HCLtd

Total £XX

The cost of locating the garage water leak including vat

Total £XX

The cost for payment for, but never received;

The extractor fan
Associated ducting
Sanitary ware (this was all purchased by me separately)

Total £XX

The cost of obtaining a drainage survey required by the TBC to confirm drains had been correctly connected

Cost £XX

Total £XX

I would also like to ask the court for rental costs, which I have kept to a minimum in order to reduce my own cash flow. I agreed to pay £xx each month to cover the cost of renting a room and payment towards some bills. I would like to ask the court to decide how many months of rental cover would be deemed acceptable given the ongoing delays introduced by Mr PE, as this is still open ended and work has been left incomplete.

I would also like to ask for all costs (£XX) and interest under section 69 of the county courts act 1984 at a rate of 8% per year from the xx/xx/xxxx (28 weeks after the start date, which was when this build was supposed to have finished) to xx/xx/xxxx, which is 418 days, bringing the Total to £xx + £xx + (418 x £x) £xx Grand Total £xx (+ plus rent to be agreed) and also interest at the same daily rate up to the date of judgement or earlier payment at a daily rate of £x, plus, and to encourage prompt payment, further interest at the same daily rate until the full payment is received.

Please note all details advised above will be supported beyond any doubt with associated emails, building surveyors report, photographs, text messages, voicemails, independent quotes, invoices, receipts, website extracts, online media, bank statements, valuation schedules etc.

I have confirmed to the defendants that I am willing to meet to discuss (by way of mediation) however, they are waiting on the provision of this document before meeting to discuss. I shall of course wait to hear from them to subsequently arrange discussion moving forwards, in order to save the courts time, and am more than happy to enter into independent mediation as well if this helps.

Please also note, despite repeat requests via the court, I asked for Mr PE personal home address to be disclosed should my claim be successful. The reason behind this is that I may well need to pursue Mr PE personally for this debt, as I doubt Mr PE will simply “pay up”, it’s just not in his nature. There was absolutely no reason why the courts should have assisted Mr PE with his request to withhold this information, because if he has nothing to hide there should be no reason for this not to be shared, however it has become clear to me where Mr PE lives (obtained via conversations with some of the lads who work for him!), and I would like this detail adding to the record.

xxxxxx
xxxxxx
XXXXXX
XXXXXX

I believe that the facts stated in this document are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed by XX

Of
XXX
XXXXXXXXX
XXXXXXXXX
Dated xx/xx/xxxx

(For clarity and the avoidance of any doubt, I expect the defence to be served in accordance with all associated CPRs).

**atticus** · 31st January 2023, 18:00:PM

TL.DR.

Can you not state your point concisely?

**Blue Spring** · 1st February 2023, 14:11:PM

Originally posted by atticus View Post

TL.DR.

Can you not state your point concisely?

ATTICUS, every time you reply, you reply with a question and no help whatsoever

Now either reply "concisely" or (as I suspect) if you don't know what you are talking about, please stop replying. You are simply wasting my time and appear to be someone that likes the sound of their own voice, rather than having any knowledge of what you are talking about. I note from previous replies your advise has been wrong on so many occasions, with cases I have subsequently won in court despite you stating "not to do X or Y" (which I have ignored) and have been succesful, so anyone listening to your advise would do well to steer clear in my opinion.

Thanks.

**atticus** · 1st February 2023, 14:49:PM

Goodbye

**efpom** · 1st February 2023, 15:50:PM

May I respectfully suggest that you give a close reading to CPR 16.2 and expressly 16.2(a).

May I also respectfully suggest that you give a close reading to Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023) which at 1 to 6 give an illustration of how the court dealt with poorly pleaded particulars of claim.

https://www.bailii.org/ew/cases/EWHC/Ch/2023/169.pdf

**Scot22** · 1st February 2023, 17:14:PM

Even though Atticus doesn't need, or particularly want , any complimentary posts I'm making one.
He is qualified and very experienced. Look at the number of posts he has made to help people for free. I've not always been pleased with his advice. I've always respected it.
You did seem to go to extremes in your reply. Why put that much ? He did ask you to be more specific not more wordy.Writing reams can obscure the essence of the what the writer wants to say.

**islandgirl** · 1st February 2023, 17:19:PM

Well said Scott22, One wonders why someone who has won so many cases needs our help and/or does not come back to help others?

**EXC** · 2nd February 2023, 04:36:AM

Originally posted by Blue Spring View Post

ATTICUS, every time you reply, you reply with a question and no help whatsoever

Now either reply "concisely" or (as I suspect) if you don't know what you are talking about, please stop replying. You are simply wasting my time and appear to be someone that likes the sound of their own voice, rather than having any knowledge of what you are talking about. I note from previous replies your advise has been wrong on so many occasions, with cases I have subsequently won in court despite you stating "not to do X or Y" (which I have ignored) and have been succesful, so anyone listening to your advise would do well to steer clear in my opinion.

Thanks.

The question he asked was entirely reasonable and one the judge might well ask when reading your 5000+ word POC.

Thread closed.

Construction directors fiduciary duties to his client

Construction directors fiduciary duties to his client

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