Embedded Files
2 March 2020
2020
2020
2020
2020
2020
Simon Quincey Hobbs
Exhibit SQH8 page 75 - page 88 inclusive
witness testimony of evidence in the public domain
formally filed on the court record by SQH.
Doubles up by way of admission that Jacob Dean has omitted evidence throughout 2019-2020.
Whatever benefit Jacob Dean believes he has achieved would not have been gained had the full and true picture been before the court prior to the benefit being granted.
The court did not establish its jurisdiction prior to giving him whatever it was he sought. This includes establishing jurisdiction prior to issuing an arrest warrant to put Mira Makar in a high security prison for ten months.
The decision to do this was taken on 21 July 2020 in a secret hearing disguised behind the good name of Triad Group Plc. This event should properly have been part of the notice of AGM in respect of 24 September 2020 as well as being included in the accounts being put to the members.
The secrecy was blown by 21 September 2020 when Equiniti issued its computer reference number to a scanned voting card. Dean believed that he would dispose of this by attaching it after his signature and date on an abandoned skeleton dated 18 September 2020. The whole purpose was to keep the abandoned skeleton alive.
Unbeknown to shareholders and creditors he went into court on 22 September 2020 to obtain the arrest warrant that was necessary to get MM into a high secure prison for ten months. Again, shareholders and the market were not told. He was rewarded by the members not being heard in forum and John Rigg refusing to participate as chairman of the members' meeting on 24 September.
Dean's ploy was intended to drive a wedge between the joint principal shareholders such that rather than agreeing withholding of votes so the company could be held together and continue to enjoy its listed status, it would be permanently divided.
This divisive approach was started by Jonathan Hambleton and Freeths (ex Kimbells) in January 2005, when Hambleton obstructed MM's access to the company's financial including banking records. On that occasion, Hambleton was operating using a dormant sub with no results under the instructions of Yvonne Dixey who was holding herself out as "company secretary" of that dormant, with turnover of £40m and an auditors certificate from PwC. The apparatus included a Halifax Bank of Scotland gadget linked to the telephone line which allowed Triad Group Plc, which owned all the bank accounts, to have funds moved between bank accounts and extracted in bulk through BACS without trace.
This was stated as an "unexpected cash drain" in the judgment of 2009 EWHC 1715 (QB) 17 July 2009.
There is nothing that Jonathan Hambleton or Freeths can do about this as it is res judicata.
There is nothing that Jonathan Hambleton or Freeths can do about the fact that they are already in QBD on this account as well as statutory obstruction from 2005.
There is nothing that Jonathan Hambleton or Freeths can do about the fact that Herbert Smith wrote to them in 2005 requesting that they end their obstruction so that Triad Group Plc had a fighting chance of creating a set of books of prime record and avoid PwC's resignation which would happen automatically if access continued to be denied.
On that occasion the obstruction occurred through the email account mira.makar@triadgroup.plc.uk.
The concert party comprising Freeths, Jonathan Hambleton, certain members (total 30% and over) cut MM's access to her own email and the company's server.
The company lost capacity by the start of February 2005 with the draft minutes of the board meeting of 24 January 2005 still not prepared.
By 31 October 2005 members' meeting, the membership was disenfranchised with AM Fulton signing a set of accounts which he had made up. Without any books of prime record that he had stopped MM preparing, together without her access to the true position, it was not possible to prepare a nominal ledger or extract entries to prepare draft accounts. It was not possible consequently for MM to sign the Letter of Representation to PwC. PwC confirmed on 27 May 2005 that without this Letter of Representation from MM, they were out.
This document is available on this site and included in the ET1 filed on 6 March 2006. The ET1 has now metamorphosed into 2012 Folio 336 issued 5 March 2012 for limitation reasons. It includes MM v Allianz on the advice of the FoS and not resisted by Allianz.
Fulton went on to endorse a false ET3 filed 5 April 2006, the same day that PwC issued their official letter of resignation having made the decision the previous year, ie late. This event has been heard and is res judicata (2011 EWHC 3950 (Comm) 11 July Mira Makar v PricewaterhouseCoopers LLP Steele J)
Had Fulton not falsified the ET3 knowing it was not true, these events would have ended in March 2006, in plenty of time to correct the position for 31 March 2006.
Instead, Fulton has filed records in Companies House, stating that MM has resigned (January and February 2006). None of these filings are true, but they have operated to mislead the world.
In November 2006, a binding contract was concluded with a commitment that an RNS in early November 2006 would be filed in Companies House. This commitment was broken. Crucially that RNS made great play of confidentiality. This was in the context of a listed company whose affairs must by law be kept to itself and its trusted advisers, if it can find any. Its surviving members and creditors live in hope.
This confidentiality was brought out by Jacob Dean before Julian Knowles on 12 February 2019. This was when the issue was how much precursor reading was necessary before hearing anything to do with Triad Group Plc and confidentiality. Dean raised a cross examination by Charles Phipps in regard to a meeting with Baker Tilly Assurance partners, Paul Newman and Mark Harwood, (the latter a contemporary of MM from C&L) which took place on 17 March 2006. The partners had extracted statutory reports that had been placed by Brunswick on a website www.makar.co.uk. This had been created under the instructions of the FSA who said that in circumstances in which the RNS of the LSE had been hijacked, the obligations on market notification remained on each officer severally.
There was also an obligation to alert the press so that some degree of parity could be achieved to neutralise the wrong information on the RNS.
Hildyard J wrote a memorandum for the Inland Revenue explaining that statutory obligations remained regardless of the degree of obstruction.
This was heard in the trial in July 2009.
Brunswick were instructed by Herbert Smith as part of the confidential agreement in November 2006. MM then agreed to take her website down.
However this agreement to take the statutory website down was obtained by deception. This was because she didn't know about the meeting which had taken place in March 2006. Downloads had been taken off the website at that time by the Baker Tilly Assurance partners referred to above.
Records reveal that Triad Group Plc was already on their systems as a suspect. In marketing jargon, this is a stage before becoming a target. It appears they could not believe their luck when Nick Burrows who had been banned from December 2004 from communicating with the outside world in the name of Triad Group Plc phoned them up the Baker Tilly partners to tell them that PwC had resigned.
Consequently on any subsequent challenge on jurisdiction, the nominal beneficiaries are debarred from objecting unless they have permission. They will not get it as it requires consent.
Dean is left with a token or tokens, the realisation of which renders him complicit with insider dealing and market manipulation charges.
The profits on the transactions were realised between Friday 21 February 2020 and 6 March 2020 when FRP shares started trading on the AIM market with a reporting accountants report to FRP from RSM Corporate Finance previously Baker Tilly Corporate Finance. This is HQ12XO3512 £200m public from 27 February 2013.
This style of operating by omission follows his approach in Bull v Desporte 20 December 2017 (HQ17XO4570)(appeal heard by Julian Knowles 17 May 2019).
On that occasion Donna Desporte had a letter from
Mr Gareth Bull's solicitors confirming he had no objections to the publication of her book. Dean omitted it from evidence.
Ms Desporte ran rings round him in court.
There is a report on him with BSB (Bar Standards). 5RB replaced him with an alternate who remained silent but did not reveal Jacob Dean's omission as he was obliged to do as a member of the Bar. 5RB is discredited.
On the current events Andrew Love's clerking team confirmed in December 2018 that their customer was Freeths LLP and that further, although Jacob Dean is authorised direct access, there was and is no direct access agreement in place.
He faces being struck off as a member of the Bar, including for the contraventions of terms of insurance with Bar Mutual (auditor BDO).
Triad Group Plc is a main-market listed company. There are no circumstances in the universe that either it or its supply chain would choose to be heard in court by an uninsured barrister, hiding evidence. In this case the evidence that Dean has been hiding has included voicemails from the family of the late Samia Makar, disenfranchised shareholder and creditor to AM Fulton subsequent to a meeting held on 22 September 2016 in the Barbican Centre.
AM Fulton holds records required for insurance purposes including £2m from Aviva as well as the reconstruction of records that went in the Allen & Overy fire of 12 July 2006. This fire has already been the subject of testimony in the QBD. This was by Andrew Clark, the A&O PI partner and general counsel whom A&O had also asked to deal with the departure from A&O of the private client partners. This fire is res judicata in QBD (2009EWHC 1715 (QB) Richard Seymour QC 17 July 09; in the Court of Appeal 18 February 2010) With the reconstruction of records set to start in QBD by the 21 April 2011, after default judgment had been entered against A&O on advice by them. Allianz Group Plc has granted an indemnity with its lawyers DWF on the record.
having refused to engage with Triad Group Plc through its disenfranchised members and creditors from December 2018
in accordance with Master Leslie's
incandescent instructions that QBD
will not accept hiding HQ06XO1803
HS v MM £21m D&CC (18.3.11; 21.4.11)
including by:
the acquisition of new file numbers paid for or otherwise;
unidentified beneficiaries operating through intermediaries without notice of funding (including identity of insurance stack contrary to Provision of Services Act)
File HQ06XO1803 was heard on 13 February 2020
Simon Quincey Hobbs
Exhibit SQH8 page 75 - page 88 inclusive
witness testimony of evidence in the public domain
formally filed on the court record by SQH.
Simon Quincey Hobbs
Exhibit SQH8 page 75 - page 88 inclusive
witness testimony of evidence in the public domain
formally filed on the court record by SQH.
Simon Quincey Hobbs
Exhibit SQH8 page 75 - page 88 inclusive
witness testimony of evidence in the public domain
formally filed on the court record by SQH.
Simon Quincey Hobbs
Exhibit SQH8 page 75 - page 88 inclusive
witness testimony of evidence in the public domain
formally filed on the court record by SQH.
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