agent69
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Post by agent69 on Feb 12, 2022 17:04:12 GMT
Sorry my mistake - at least I got them the right way round...to be honest I thought the Asertis chap was much strongerAfter another quick look at this I think I know what is happening - won't say as it will confuse people if I am wrong but I think basically C***** not only lost but appeared in a very bad light? Seems to be at least legal 9 people here - hate to think what that is costing! Hopeflly C****** assets will be seized and there will be be enough for all of Asertis' fee and our pre-arranged percentage? I am learning a lot with this case so thanks for your efforts To be honest seeing C****** go down will make me feel a lot better! Fame at last Mousey! I watched all 90 minutes, and was amused by the discussions over the calculation of default interest (it doesn't appear to be clear in the Borrower's contract). At an earlier hearing Asertis put forward their calculation, which wasn't challenged by the Borrower's team. Realising that this was a mistake, their barrister suggested that the judge at the earlier hearing should have realised that Asertis's position was wrong and corrected it. The judge (who came across as very knowledgeable) looked at him and said it was the judge's job to be the referee, not the goal keeper.
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adrian77
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Post by adrian77 on Feb 13, 2022 16:59:49 GMT
yes this judge is clearly no fool and I too was amazed FS could not even be clear about the adminstration fee - I think (stress think) this was a load of nonsense to try and blame to first judge at an attempt to undermine his decision not to accept the appeal - never been charged in court but if defending myself I would not start criticising the legal system!
Hopefully things will only get worse for C****** and better for us...
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Mousey
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Post by Mousey on Feb 24, 2022 13:03:29 GMT
COURT OF APPEAL HANDS DOWN JUDGMENT IN KEY FUNDINGSECURE CASE
The Judgment in the matters of FundingSecure and M*** C******* was handed down earlier today by the Court of Appeal. This followed a hearing on 9th February 2022 at the Royal Courts of Justice. The Judgment and the parties written submissions are available by following the above link.
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Post by cj on Feb 24, 2022 16:13:26 GMT
Tried to click on link and it says "You do not have permission to access this post.". Is it working for anyone else?
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Post by portlandbill on Feb 24, 2022 19:06:39 GMT
Tried to click on link and it says "You do not have permission to access this post.". Is it working for anyone else? It's working for me
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rogerthat
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Post by rogerthat on Feb 24, 2022 20:13:58 GMT
Tried to click on link and it says "You do not have permission to access this post.". Is it working for anyone else? Probably shouting out without thinking but I seem to recall that you had to enrol or sign up to FS DD to be able to access those segregated posts. I notice you have very few posts...maybe someone more informed than me will respond to your post. I have read as much as I can of 'the judgement' ..it's an extremely long read. When you click on the link (above ), does it take you to another identical link on the FS DD thread ?
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Post by diamon89 on Mar 11, 2022 8:35:38 GMT
If anyone is hunting for this judgement, the citation is [2022] EWCA Civ 230. Search BAILII for that citation and you will find the judgement.
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