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Subject: Matters pertaining to AAUM LimitedT/A Hafan-y-Coed/Jean Duncan et al


Author:
Elucidation
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Date Posted: 11:24:42 03/11/04 Thu
Author Host/IP: NoHost/194.238.70.70

Let us have a factual and accurate basis upon which to continue the debate and hopefully eliminate the wild and inaccurate ranting of certain malcontents.
Company accounts: A quick search at Companies House reveals that accounts for AAUM LtdT/A Hafan-y-Coed for the period year ended 31st March 2003 are due to be filed shortly. It is important to note that during this accounting period Jean Duncan was Managing Director/director and company secretary.
The current, and sole directors,of the company were prevented from having proper access to the affairs of the company which resulted in the action against Jean Duncan and others. As part of the filing of the accounts it is normal accounting/audit practise to scrutinise all financial affairs of the company together with all bank accounts and credit card transactions carried out on behalf of the company.
The High Court records an action against Jean Duncan and others which was resolved by Jean Duncan and others reaching a settlement with the two parties who brought the action provided the terms of the settlement were kept confidential. This condition was made by Jean Duncan and not the two parties who brought the action.
As a result of this settlement Companies House records the resignation of Jean Duncan and other directors and states as sole directors the two parties who brought the action.
Since 29/4/03: This is the date of the settlement recorded at the High Court. Having checked with local authorities there is no record of any individual connected with the company or the company itself having applied for or having been granted any funding between the dates 29/4/03 - 11/4/04.
Currently, the High Court records an action by the company against an individual on whom a writ has been recorded as served. This writ concerns the breach of fiduciary duty by previous directors. It is not generally known, but directors who have resigned or who have left a company are still accountable for certain legal issues during the period of their office.
Further, during a trawl of public records there are indications of other writs being prepared for service on Jean Duncan which do not involve the above company or its directors.
Some advice: Recent High Court rulings have established that those persons providing or contributing towards the funding either for the prosecution of a claim or a defence of a claim can be held liable for the cost of the action and damages if the court finds against them.
The High Court will only allow an action to proceed if it is satisfied that the action being prosecuted has merit. If it does not have merit no writ will be served. In allowing a writ to be served, which it has, it therefore considers there are matters which require the court's ruling. In awarding damages and costs the court will take into consideration the conduct of the parties involved and their efforts to resolve the disputed issue before resorting to court action.
Lawyers and the courts respect only the facts.

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Replies:
Subject Author Date
Re: Matters pertaining to AAUM LimitedT/A Hafan-y-Coed/Jean Duncan et alJean Duncan
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17:46:08 03/11/04 Thu


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