21 July 2020 Omission To Secure Consent To Vacate Means Lavender J Had No Jurisdiction. TRD / MM treated as heard.
Submissions with Authorities Public In Advance And Publicly Accessible In Real Time During The 5.5 Hours Booked (2012 Folio 336 for Allianz).
An Order Endorsing Consent Requires Jurisdiction To Be Established In Advance.
It Is Available On Inspection (Where Documents Are Public).
Those Named Must Have Consented Severally (Through Their On The Record Solicitors).
The Court Requires Jurisdiction To Endorse That Consent.
TRD, MM, JCR, AMF Know This From November 2005 (Companies Court 6530-2005).
QBD Has No Jurisdiction To Unilaterally Extend The 2005 Stay In The Companies Court Or To Prolong The Current Disenfranchisement Of TRD Members (9.12.20)
Consequences:
CONSENT TO VACATE OMITTED FOR 21 July 2020
("Application" by TRD to "Commit (to prison)") QBD),
DESPITE THOSE CONCERNED HAVING KNOWLEDGE AND EXPERIENCE
TREATED AS HEARD - PROCEEDINGS THEREAFTER CRUMBLE ON JURISDICTION CHALLENGE.
DEBARRED FROM RETURNING WITHOUT PERMISSION ON NOTICE.
OBJECTIONS TO RETURNING (AFTER OMITTING CONSENT TO VACATE) WOULD BE/ WERE INEVITABLE ON GROUNDS OF BEING "TOO LATE".
THIS WOULD HAVE REQUIRED A PRELIMINARY ISSUE HEARING ON JURISDICTION. HOWEVER JACOB DEAN DID NOT ASK FOR ONE, AFTER ABANDONING HIS SKELETON SIGNED AND DATED 18 SEPTEMBER 2020.
QBD HAS NO JURISDICTION IN ANY EVENT (APART FROM THERE BEING NO PUBLIC DOCUMENTS, A PRIVACY RULING FROM 2012 AND COURT FUNDS INFORMING SAINI J (13.2.20) THAT BENEFITS, IF ANY, HAD TO COME FROM COMPANIES COURT (6530 - 2005) WHERE AMF HAS STANDING AND DOCUMENTS ARE PUBLIC.
In the Chancery Division
Companies Court
6530-2005
issued 29 September 2005
CONSENT TO VACATE AS USED BY ALISTAIR MCINTYRE FULTON & ORS
ALLEN & OVERY LLP, on the record for TRD, AMF, JCR, IMH
TRD lawyers from inception to report and accounts for 2016
10 November 2005
20 December 2005
Rolls Building
Companies Court Chancery Division
As Sent To UBIQUS By Rollls Transcriptions
On Behalf Of Companies Court Chancery Division
22 March 2019 15.41
Where named "defendant" does not reply to claim form and unilateral default judgment has not been entered by the claimant, there are no public documents available on inspection. Judiciary are debarred from access to the file.
This applies to" QB 2018-000581" which appeared in an RNS issued in TRD's name on 3 January 2019 at 10.52 am. The problem this was set to resolve was that those paid to keep a register of members; their holdings; their address; their voting preferences; adding proxy poll voting and publishing the results, suddenly found that they did not know who their members were, nor their holdings nor address.
This happened after a decade of disenfranchisement of members and creditors (2005-2015) and the decision to destroy the proxy poll voting cards for the AGM on 10 August 2016, that ought to have been published on 11 August 2016, but were not. It was a source of false panic put into the market that this uncertainty existed.
The reason is that where members are disenfranchised, there is no way forward but for a 10% holder to requisition a members' meeting, whereupon the members appoint an officer from one of their number to chair the meeting, for determining a way forward, normally all pre-arranged, but in this case at least dealing with 10.8.16 voting, since the events since have been the consequences of that omission.
There is nothing any court can do about this, although when Companies Court 6530-2005 was issued on 29 September 2005, AGM 31 October 2005, there was certainty over the membership. The register is in those proceedings already.
The 3 January 2019 TRD RNS reads:
Triad Group Plc (TRD)
Thursday 03 January, 2019
Statement re substantial shareholdings
RNS Number : 1276M
03 January 2019
Legal Entity Identifier (LEI) No. 213800MDNBFVEQEN1G84
Triad Group Plc
Statement re substantial shareholdings
"It has come to my attention that there are various degrees of confusion and uncertainty in public surrounding substantial shareholdings in Triad. I refer shareholders and any other interested parties to a recent claim lodged in the High Court (High Court of Justice, Queen's Bench Division, Media and Communications List, Claim Number QB-2018-000581: Triad Group Plc, Nicholas Burrows, Alistair Fulton v Mira Makar) which I believe will assist in clarifying the situation. As the matter is sub judice, I am unable to enter into any discussion or debate."
Dr J C Rigg
Executive Chairman, Triad Group Plc
3 January 2019
19 02 22 16.34 JACOB DEAN USING CLERKS OF 5RB TO PROCURE EARLY DRAFT FOR HIMSELF, TO DOCTOR AS HE PLEASES..pdf
Before Saini J Feb 13, 2020 not before 10.30 am -
Distributed Embargo'ed Draft - 22 Feb 2019
Nil Return Required From
(1) Triad Group Plc - Authorised Reps of Disenfranchised Members
(2) Mira Makar, member
(3) Alistair McIntyre Fulton, member
(4) Nicholas Edmund Burrows, unidentified until true register
is drawn up, but named anyway
NEB did not attend on 13 February 2020.
AMF attended. AMF told Saini J through spokesperson Jacob Dean, that both he and NEB were there: AMF wanted money (his share and also NEB's share). Moreover, the limit of total of £50k for both of them (per claim form) was out of the window when they stood up Master Eastman on 27 January 2020.
The sky was the limit in terms of how much AMF could aspire to gain, now the £50k limit was off and NEB allowed him to speak. NEB was unrepresented from Jan 2005- (nearly) 2021.
AMF and NEB treated as having been heard 27.1.20 and requesting and receiving NOTHING.
Debarred from returning ever again without permission on notice to MM, who could be predicted to say "on your bike",
or words to that effect meaning "too late".
on page Equiniti 178/11 10 June 2011 refer all transactions to financial crime
Equiniti 178/11 10 June 2011 refer all transactions to financial crime > City of London Police CR/3512/15 BURGLARY OF TRD RECORDS+COURT FILES FROM 333 CROMWELL TOWER, BARBICAN, EC2Y 8NB after raid and burglary MM office, 145 Cannon St,4.2.05, with obstruction of access to service address. Instructions Thursday 3 February 2005 18.07 accepted by A&O to deal with Jonathan Hambleton (Freeths ex Kimbells),operating under orders of Yvonne Dixie,Generic clerk to block access+put down phone on MM, Group CEO+FD. Jonathan Lee Hambleton (DoB 4.2.64) of UPPER GOODWICK FARM, GOODWICK DRIVE, HONEYDON, BEDFORD, MK44 2LS has yet to provide statement,provide 2004 records with MM+hidden from her. Represented by Freeths QB-2018-000581 FOLLOWING FROM HQ/2013/0057 IN QBD before Eady J 5.2.13 (reputation/media) RES JUDICATA for seven whole years. Jacob Dean has some explaining to do as clerking team inform there is no direct access agmt for Freeths, their customer, so Dean had to witness proof Hambleton himself but could not be bothered. Draft embargo'ed judgment before settlement of transcript secretly obtained, doctored by Dean, and, with number added, posted on BAILII.
IN CONFIDENCE
This is a judgment to which the Practice Direction supplementing CPR Part 40 applies.
It will be handed down on at in Court No .
This draft is confidential to the parties and their legal representatives and accordingly neither the draft itself nor its substance may be disclosed to any other person or used in the public domain. The parties must take all reasonable steps to ensure that its confidentiality is preserved.
No action is to be taken (other than internally) in response to the draft before judgmenthas been formally pronounced.
A breach of any of these obligations may be treated as a contempt of court.
The official version of the judgment will be available from the shorthand writers
once it has been approved by the judge.
The court is likely to wish to hand down its judgment in an approved final form.
Counsel should therefore submit any list of typing corrections and other obvious
errors in writing (Nil returns are required) to the clerk to Mr Justice Julian Knowles,
by fax to or via email at , by on , so that changes can be incorporated,
if the judge accepts them, in the handed down judgment.
Neutral Citation Number: Double-click to add NC number
Case No: Double-click to add case number
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: Double-click to add Judgment date
Before :
MR JUSTICE JULIAN KNOWLES
- - - - - - - - - - - - - - - - - - - - -
Between :
(1) TRIAD GROUP PLC
(2) NICHOLAS EDMUND BURROWS
(3) ALISTAIR MCINTYRE FULTON
Claimants
- and –
MIRA MAKAR
Defendant
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
Jacob Dean (instructed by Freeths) for the Claimants
[ ] (instructed by DMH Stallard) for the Trustee in Bankruptcy
The Defendant did not appear and was not represented
Hearing date: 12 February 2019
- - - - - - - - - - - - - - - - - - - - -
DRAFT JUDGMENT
If this draft Judgment has been emailed to you it is to be treated as ‘read-only’.
You should send any suggested amendments as a separate Word document.
Distributed Embargo'ed Draft - 22 Feb 2019
Nil Return (Or Error Correction) Required From
(1) Triad Group Plc - Authorised Reps of Disenfranchised Members
(2) Mira Makar, member
(3) Alistair McIntyre Fulton, member
(4) Nicholas Edmund Burrows, unidentified until true register
is drawn up, but named anyway
(5) Freeths LLP
(6) Jonathan Hambleton, Freeths
(7) DMH Stallard LLP
(8) Reuben Comiskey, who turned up and was heard (deputy for Dawn McCambley, 2012 Folio 336 re file 3630-2013, 12.11.14, transcript public)
(9 ) Jacob Dean
(10) Our Simon Hobbs (aka SQH)
In the absence of public documents and no returns, nil or otherwise, whether anyone named or interested shared Olivia Smith's secret on 22 February 2019 or since, there was nothing that could be made public. The events ended on 22.2.19, leaving Jacob Dean's Penal Notice attached to nothing.
Sadly no-one bothered to tell John Rigg, Joint Principal Shareholder.
Instead his shadow officers asked him to put his name to yet another TRD RNS, with a hyper link to a version modified by unknown hands still draft subject to editorial corrections, referencing a date after 22 February 2019, when those interested had been severally excluded.
TRD RNS 1 March 2019 3.25 pm added to panic in the market.
Valuation incorporates stability of shareholder base.
How could stability be achieved, if the members do not know who they are, how much they hold, their registered address, their poll voting preferences? This was the problem.
The TRD RNS referred to TRD being "awarded default judgment" rather than the true position.
The true position was that none of TRD, AMF, NEB had requested the court to enter unilateral default judgment
(form N227, receipt N30, but a general form will do, or just a letter with the particulars).
Therefore there were no public documents (or transcripts) on inspection or for publication.
Therefore the TRD RNS could only be interpreted by omitting each of the three paragraphs, starting:
"At a High Court Hearing ...."
"The Company was also awarded...."
'The Court's written judgment......."
That only leaves the following of any substance:
"Mira Makar is the registered holder of 3,951,452 shares in
the Company (24.74%)"
There was no reason to put MM's name on an RNS, apart
from the fact it had become a habit from 4 February 2005.
MM's holding is 4,507,951 recorded in voting in 2015; the accounts for 2016; AMF's withheld votes for his remuneration report for 31 March 2017 (referring to the previous year);
MM's proxy poll voting card 2016; 2017; 2018;2019;2020.
All of these bar the last were sent to AMF by Equiniti.
AMF could therefore have easily corrected the 1.3.19
TRD RNS before it was published.
AMF chose not to. As a consequence AMF was compelled
to put his name to TRD RNSs recording the resignation of Steven Sanderson FCA followed by Nick Burrows ACA.
Triad Group Plc (TRD)
Friday 01 March, 2019
High Court Hearing
RNS Number : 6497R
01 March 2019
Legal Entity Identifier (LEI) No. 213800MDNBFVEQEN1G84
Triad Group Plc
Statement re Recent High Court Hearing
I refer to my announcement dated 3 January 2019.
At a High Court hearing on 12 February 2019 the Company sought, and successfully obtained, default judgment in respect of the claim referred to in my announcement (High Court of Justice, Queen's Bench Division, Media and Communications List, Claim Number QB-2018-000581: Triad Group Plc, Nicholas Burrows, Alistair Fulton v Mira Makar).
The Company was also awarded, in full, its associated legal costs in bringing the matter before the Court.
The Court's written judgment was handed down yesterday and can be viewed at http://www.bailii.org/ew/cases/EWHC/QB/2019/423.html.
Mira Makar is the registered holder of 3,951,452 shares in the Company (24.74%) which makes her the second largest shareholder by a substantial margin. We trust she will lend
her full support to the current successful efforts to take the Company forward. The Company remains as always open
to a constructive dialogue with Ms Makar in order to describe and explain current developments and progress.
Dr J C Rigg
Executive Chairman, Triad Group Plc
1 March 2019
Belatedly in evidence, provided to some TRD members but not others, some indicators emerged, from which the below has been extracted, modified for names with addresses.
Points:
(1) relief for breach of contract is to sue for that breach. Here there is no breach of contract;
(2) NEB is an ex employee (resigned September 2019, RNS by AMF in TRD name);
(3) AMF is an ex employee (resigned February 1997, RNS by TRD)
(4) No TRD office holder or employee has complained of being harassed.
(5) Timothy James Eckes (employee) has evidenced that MM texted she would not trouble him further when he turned down the chance to help TRD in 2006 but not updated his testimony to state that he did not hear from her 2006 - 2020. This testimony remains outstanding.
In 2020 TJE decided to take part in having MM imprisoned for ten months, prior to asking TRD members to consider him as a director rather than shadow director.
The TRD RNS with true results of proxy poll voting (24.9.2020) has not been issued.
The sentence is according to Brendainvesta 10 December 2020. This has put false panic into the market for small shareholders, who determine price and appetite in a closely held stock.
This itself followed Brendainvesta announcing there was a "bankrupt lady". References are to airings: 14.7.20; 21.7.20; 11.8.20, as well as embargo'ed materials on BAILII.
These themselves followed a false RNS on 28 April 2017, in TRD's name,
citing MM's name without her knowledge or permission.
This is now seen to be a manoeuvre to block AVIVA paying out on a £2m bond, (value date September 2014).
The validity of this was belatedly confirmed by JLT as agent 8.5.17.
This was after blocking by Ed Brittain, writing AVIVA business off balance sheet, with a view to securing "litigation funding" business transactions. These funded transactions are underwritten by estates of targets, to their exclusion. They are invalid due to omission of notice of funding on date concluded and voluntary nature of expenditure (using the court for a purpose e.g. to vent emotion or expel venom, or make a characterisation of a fellow human as "excrement" stick, to the point of custodial sentencing in high secure prison after stripping of their bank account, in the height of COVID, whilst knowing they are old, vulnerable and do not belong to any bubble).
The emanating text is below:
Triad Group Plc: registered office address Weyside Park, Catteshill Lane, Godalming, Surrey GU7 1XE
Mira Makar: 218 Ben Jonson House, Barbican, London EC2Y 8DL
18 December 2018 (request to issue by SQH)
Triad Group Plc (“TRD”) claims
(1) an injunction to restrain Mira Makar from acting in breach of contract by publishing derogatory statements concerning it or any of its officers or employees; and
(2) an injunction to restrain Mira Makar from pursuing a course of conduct which amounts to harassment of Nicholas Edmund Burrows (NEB) or Alistair McIntyre Fulton or any of TRD’s officers or employees.
Value
TRD does not claim any money amount.
Derived and extracted from
SQH Affidavit 1 SQH6 p1 of 1061 signed 10 July 2020 cut off 6 July 2020 14.11
In evidence for 14 July, 21 July and 11 August 2020
There was no consent to vacate on any of these three dates
Showing 1-2 of 2 results for 21 July 2020 Omission To Secure Consent To Vacate Means
Lavender J Had No Jurisdiction. TRD / MM treated as heard.
Submissions with Authorities Public In Advance And Publicly Accessible In Real Time During The 5.5 Hours Booked (2012 Folio 336 for Allianz).
QBD Has No Jurisdiction
To Unilaterally Extend The 2005 Stay In The Companies Court Or To Prolong
The Current Disenfranchisement Of TRD Members (9.12.20)
21 July 2020 Omission To Secure Consent To Vacate Means Lavender J Had No Jurisdiction. TRD / MM treated asheard An Order Endorsing Consent Requires Jurisdiction To Be Established In ... MM treated as heard An Order Endorsing Consent Requires Jurisdiction To Be Established In Advance. It Is Available On Inspection. Those
Named Must Have Consented (Through Their On The Record ...
21 July 2020 Omission To Secure Consent To Vacate Means Lavender J Had No Jurisdiction. TRD / MM treated as heard. Submissions with Authorities Public In Advance And Publicly Accessible In Real Time During The 5.5 Hours Booked (2012 Folio 336 for Allianz). QBD Has No Jurisdiction To Unilaterally Extend The 2005 Stay In The
Companies Court Or To Prolong The Current Disenfranchisement Of TRD Members (9.12.20)
zzzz Dec 11, 2020, 12:04 AM Custodian of Information edited
21 July 2020 Omission To Secure Consent To VacateMeans Lavender J Had No Jurisdiction. TRD / MM treated
as ... Secure Consent To Vacate Means Lavender J Had NoJurisdiction. TRD / MM treated as heard. Submissions
with Authorities Public In Advance And Publicly Accessible InReal Time During The 5 ...
8-11 Dec 2020