Business At Risk From Maliscious Litigant.

There is a backstory to all that I am about to impart to you, dear members. Unfortunately, events have left me somewhat less able to interact with the meat of those details than normal. To be plain spoken of it, I am in a state of mental collapse.

I seek no advice, I merely wish to explain some things, both about my recent absence from the boards, and the general situation I am in.

Basically, my families business was taken to court yesterday, Friday. We were fighting a case against a man who fabricated a series of events, in which he paints me as a homophobe, as an intimidating and potentially violent, and prejudiced person. I was supposed to speak in my defence, but unfortunately, my witness statement was disallowed by the judge, because it came in late. We have been fighting this for two years, and our original solicitors, whom we had to fire and replace, had messed up so much of our paperwork, that our case was scuppered from the beginning.

As a result, I had to spend yesterday morning and afternoon, being told by both the claimant, and the judge, that I am guilty of doing a thing I never did, could not do. As a result of that assertion, the judge awarded the claimant an amount of money which we cannot afford to pay, which may result in either our business changing names (which will be a pretty big pain in our arse, not to mention removing our access to certain elements of our banking, and indeed the good reputation of our business name), or being simply liquidated. My livelihood is on the line, my families livelihood is on the line. This miscarriage of justice means that I am effectively at risk of losing my job, my home, the pitiful material possessions that I currently own...

All is not lost, but between the threat to my livelihood, and the much more serious imposition of having my honour impugned, not only by a random fool from the street, but by a judge as well, and being unable to answer for myself, being prevented from doing so, I am in no fit state for logic. I am consumed by fury at this point. The flame which burns eternal, has grown from a small and useful spark, into a raging conflagration, out of control and scorching the outer reaches of my innards.

I will be back on track, but you will have to forgive me if my activity here is somewhat curtailed while I come to terms with all of this.

a reply to: TrueBrit

I am so sorry to read about this! I truly wish that I had expertise or experience to offer, specific to your situation. Sadly I do not. The best I can do is to remind you that this will pass, and things will be what they are going to be. Chin up. Stay strong!

You've got a solid mind and a good heart, you will endure.

a reply to: TrueBrit

Stay strong,bloke.Even the worst of times has to end.

Don't get angry,get ELOQUENT!

a reply to: TrueBrit

So, because of inaccurate paperwork and administrative timings not consistent with the courts expectations, you have been accused of something and at the same time denied the ability to have your say in defending yourself and instead have been judged guilty of something that never happened?

What sort of a pathetic legal system is England running these days? That just reeks of a massive miscarriage of justice and if I were you I would fight this - especially since you have EVERYTHING to loose by not doing so.

Good luck brother, you have my support for what it's worth.

Sorry about your situation amigo...

Don't they have an appellate court in England.

a reply to: TrueBrit
Wow. This does sound like a complete railroading in the plaintiffs favor. Have you considered a civil suit against the plaintiff for slander, defamation of character, and monetary damages? It is possible to win such a case, but I don't know the laws in your country regarding such action on your part.

a reply to: TrueBrit

I'm really sorry to hear this too, that sounds so unfair.
Wish I had some brilliant advice to give you, but I can't think of any. Rage is energy, and energy can be channelled into any direction you like - can you appeal?

I hope life gets better soon.

a reply to: TrueBrit

Can you appeal the decision in England, even if it's just to stall for enough time to gather reinforcements.

You are one of the strongest I've known in heart and perseverance, don't despair. Celebrate the defeat with drink, then come back to the field of battle renewed. Focus your fury and trample those under it with their own weapons.

I'm always here for you.

AB

a reply to: TrueBrit

I am SO sorry to read this! Your character is one of the most respectable on ATS, IMO, and I wish I could do something to help.

I will miss your input around here (have, already), and will also be sending good thoughts and wishes for you and your family. Hang in there.

So sorry that this is happening to you. I hope you realize that we here know the real you - intelligent, articulate, kind and compassionate.

I sincerely hope there is a way for you to get justice on this, but if not, hold your head up high and carry on...

I feel for you mate, having been on the wrong end of this kind of # myself before I know how rage inducing it can be.

Idiot judges will steamroll right over justice and the innocent for mostly self-serving reasons. They will tell everybody black is white whenever it suits them and we all just have to shut the # up and take it.

These people aren't answerable to anyone or to common sense for that matter. They live in a different reality to us. Trying to get anything that resembles justice these days is like banging your head against a brick wall.

Plus there is the rife judicial corruption rampaging unchecked through the entire court system. Any case can be turned on it's head if you are willing to secretly pay enough.

a reply to: TrueBrit

Jeez True,

I am sorry to hear this. I remember you posting about this some time back, and you seemed to think it would all work itself out.
It does seem abit unfair how things happened with the courts. If paperwork was turned in late isn't that the fault of the lawyers?

My thoughts and prayers go out to you and your Mum.

Unlucky mate hope u can appeal it judicial system is a c*nt in the UK :/

Wow, am really sorry to hear. As mentioned already but really should consider looking into action against the plaintiff. Hope and sending positive vibes that this can be resolved in a timely manner and that your business can be saved.

a reply to: Sublimecraft

First, thank you for your sentiments. I appreciate them in the manner they were given.

Second, the fact is that although there are certain routes down which a person of means could go, in order to achieve satisfaction under the law, we have just tapped out every single possible resource of finance we could possibly have accessed, just to unsuccessfully fight this thing as far as we have. I should have been clearer on this point.

We are now broke, and we always knew we would have been, even if we had won the case. We have nothing left. Nothing at all that we can sell, nothing which would get us the money we need to even BEGIN to start a new legal action, or appeal this one. Unless we get more work in the next ten days, than we have done in the last ten years, I cannot see how we are going to be able to move forward with it.

originally posted by: TrueBrit
a reply to: Sublimecraft

First, thank you for your sentiments. I appreciate them in the manner they were given.

Second, the fact is that although there are certain routes down which a person of means could go, in order to achieve satisfaction under the law, we have just tapped out every single possible resource of finance we could possibly have accessed, just to unsuccessfully fight this thing as far as we have. I should have been clearer on this point.

We are now broke, and we always knew we would have been, even if we had won the case. We have nothing left. Nothing at all that we can sell, nothing which would get us the money we need to even BEGIN to start a new legal action, or appeal this one. Unless we get more work in the next ten days, than we have done in the last ten years, I cannot see how we are going to be able to move forward with it.

Eh, that explains a lot......sigh. So much for justice when only those who can afford it benefit! Sounds a lot like our system across the pond.

Keep your chin up my friend.

a reply to: TrueBrit

Wow. I'm so sorry to hear about this, Brit! You're one of the most fair minded and level headed members here on ATS.

I'm know almost nothing about bankruptcy laws here in the US, other than a friend of mine just successfully fell out of debt through Chapter 11. Are their any such legal shelters for you there in the UK?

a reply to: TrueBrit

'tis a pity Brit.

All of us who have read your work knows you as a honest, courteous and eloquent individual. Sadly we cannot give a character reference.

Well... the ponderous, unloving wheels of bureaucracy can not yet take your mind and honor...

bad things happen to good people...

the sun will come out tomorrow... sigh...

platitudes are what I've got, but oh, how I wish I could raise an army of determined bureaucrats for you.

Very sorry to hear about your real world troubles, but remember one last platitude, which is:

no matter how bad it gets, it could always be a bit worse.

That sounds awful, but it always makes me smile...

a reply to: TrueBrit


That's a serious bummer dude... sounds awful.
I suppose because you're a business you can't get legal representation.
How does somebody does get to make up s*** about someone and that someone can't even defend themselves?

Hmmmmm

What a joke.