Mousey
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Post by Mousey on Mar 2, 2021 14:37:35 GMT
Some 62 pages of court papers dropped into the mousey inbox this morning.
This includes a claim within the Skeleton Argument of the claimants that on 4 June 2019, at the High Court in London, "Mr Justice Arnold found that it was “very hard indeed” to imagine an innocent explanation for the emails passing between [The Borrower] and Mr Luxmore, and thus granted a freezing order against both of them"
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adrian77
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Post by adrian77 on Mar 2, 2021 15:55:05 GMT
I know it is early days but I am sure neither of these parties wanted to hear this - result!
Thanks for your help with this Mousey - your OBE is in the post...
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Mousey
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Post by Mousey on Mar 14, 2021 21:37:39 GMT
I understand from the Case Tracker for Civil Appeals that permission to appeal the judgement of HHJ Hodge QC (sitting as a Judge of the High Court) dated 10th February 2021 has been sought.
Permission to appeal was refused by the single judge following an application by Asertis/FS & The Lenders(*) immediately after the judgement was handed down. I do not know the grounds of appeal or which party is applying.
The current status is "11-Mar-21: Letter sent to applicant/solicitor to request bundles and/or documents".
*: The lenders were a group who lent monies secured against a property in Manchester, the borrower claimed against them in the so-called 'Manchester Proceedings'.
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Mousey
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Post by Mousey on Mar 18, 2021 22:25:41 GMT
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Mousey
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Post by Mousey on Mar 20, 2021 10:33:43 GMT
I understand from the Case Tracker for Civil Appeals that permission to appeal the judgement of HHJ Hodge QC (sitting as a Judge of the High Court) dated 10th February 2021 has been sought.
Permission to appeal was refused by the single judge following an application by Asertis/FS & The Lenders(*) immediately after the judgement was handed down. I do not know the grounds of appeal or which party is applying.
The current status is "11-Mar-21: Letter sent to applicant/solicitor to request bundles and/or documents".
*: The lenders were a group who lent monies secured against a property in Manchester, the borrower claimed against them in the so-called 'Manchester Proceedings'. I further understand (presumably a separate party) has also applied to the Court of Appeal "for permission to appeal an extension of time and a stay of execution"
The current status of this second application is "18-Mar-21: Letter sent to applicant/solicitor to request bundles and/or documents"
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Mousey
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Post by Mousey on Apr 29, 2021 12:55:04 GMT
The status on both applications to the court of appeal has been updated to "Awaiting a Judicial Decision on the papers"
To confirm, these are both applications for permission to appeal, not the actual appeal itself.
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Mousey
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Post by Mousey on May 2, 2021 22:15:16 GMT
Richard Luxmore denied that Fundingsecure suffered any losses as a result of his actions because:
Fundingsecure "failed to mitigate those losses in accordance with its duties to do so. In particular, it failed to take timely and appropriate action to recover debts due from the relevant borrowers (identified in Schedule to this Defence), including making recoveries pursuant to the securities obtained in respect of those loans"
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tony9239
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Post by tony9239 on May 8, 2021 10:19:00 GMT
Richard Luxmore denied that Fundingsecure suffered any losses as a result of his actions because:
Fundingsecure "failed to mitigate those losses in accordance with its duties to do so. In particular, it failed to take timely and appropriate action to recover debts due from the relevant borrowers (identified in Schedule to this Defence), including making recoveries pursuant to the securities obtained in respect of those loans"
But wasn't he a director & shareholder of FS at the time most of these problem loans were made (and rolled over several times in many cases)? It's like he's blaming FS as a separate entity over which he had no influence.
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Post by captainconfident on May 8, 2021 10:29:34 GMT
It's like I crash my car and 'it's the stupid car that's crashed'.
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Mousey
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Post by Mousey on May 26, 2021 16:46:30 GMT
The judgment has been published following the hearing in February 2021 and is available in DDC.
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Mousey
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Post by Mousey on Jun 7, 2021 16:24:35 GMT
One of the two applications for permission to appeal has been decided ... and has been granted.
Currently due to be heard "Before 03-Jun-22"
Those really interested can offer to finance the work into getting the grounds for appeal and the decision notice. Please PM me if you're interested in contributing a tenner.
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Post by westcountry on Jun 7, 2021 21:26:15 GMT
The judgment has been published following the hearing in February 2021 and is available in DDC.
I'm afraid I can't find this judgment in DDC, please would you mind most awfully pointing me in the right direction for it? And many thanks for all your updates on this ;-)
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Mousey
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Post by Mousey on Jun 10, 2021 15:44:59 GMT
I'm very grateful to those that have donated to the Cheese Fund to enable crowd-funded journalism on this matter.
Those that have donated have been sent a copy of the Decision notice for FS's application to appeal. It appears three grounds were advanced. I've also provided some short commentary.
I am awaiting: The decision notice for the borrowers application Whether I can obtain the grounds of appeal without a formal application (ie in court) The details of a hearing to be held in Aug in relation to this matter And a copy of a consent order filed last month.
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adrian77
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Post by adrian77 on Jun 13, 2021 8:52:49 GMT
Mousey - thanks for all your help with this - your OBE is in the post...
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Mousey
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Post by Mousey on Jul 26, 2021 16:54:29 GMT
It is understood the Appeal in this matter has provisionally been listed for the second week of Feb 2022 with a time estimate of 7.5 hours.
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