Page 443 - FINAL MASTER 616pp 20-6-19 SOUND

colour scheme Mr Brown-Constable had wanted from the outset, but which was absolutely unacceptable to the majority. Again it is plainly fraudulent, in the absence of consent or a proper explanation, to take the leaseholders’ money on the pretext that it will be used for a specific purpose they have approved, and then to use it for a purpose they have not approved, to suit one’s own taste.
Reply: In an email to Mr Brown-Constable from Mrs Hillgarth dated 9 April 2012 @ 17.27 she states: “...the panels in the corridor should be painted coral.... or the coral could be replaced with green ....once it’s complimented with some paintings, photos ???? It leaves us more options to dress up the place and to warm it up!
The final décor was Caribbean Dawn and Waiting Room Green. Not too far from Mrs Hillgarth’s initial preferences prior to subsequently demanding no artworks, topiary, artefacts, Christmas decorations, residents’ association (referred to as Internal Management), website decommissioning, let alone initially considering, nay demanding, we utilise her preferred contractor, Wade, for £219,000 as opposed to the contractor we did use costing £105,877 for exact same identical works and both including vat and fees, and Surveyors...!
6. Blackmail and Intimidation
At paragraphs 43-73 of her Witness Statement (at Item 9 of the Second Schedule), Mrs Hillgarth has made serious allegations that Mr Brown-Constable attempted to blackmail and intimidate her in September/October 2014, in the course of the refurbishment project at Mitre House. Specifically the allegation, which is supported and evidenced by detailed e-mail correspondence, is that by threatening unpleasant but unrelated recriminations (as detailed in the statement) Mr Brown-Constable tried to pressure her (a) to pay certain additional funding requirements related to the refurbishment project (as described above) and (b) to secure the payment of those additional funding requirements by other leaseholders at Mitre House.
Reply: This again is too petty and certainly untrue to even make comment save for Mrs Hillgarth arriving at my flat to collect a key accompanied by a Police Officer because I had previously told her that under no circumstances would I entertain a meeting between ourselves unless a third party was also present due solely to her dishonest relaying of conversations and agreements to third parties in total contradiction to what had been actually discussed and agreed. I was also fearful that more serious accusations could be fabricated against me personally and with no witness present my defence would be contestable.
7. Private Benefit - Mr Brown-Constable’s own Flat
In the course of the 2014 refurbishment works it became clear that Mr Brown-Constable was having his own flat decorated at the same time. In view of the existing uncertainties about what AR Lawrence were doing (or not doing) the suspicion arose that Mr Brown-Constable’s own flat was perhaps being decorated at the expense of the other tenants at Mitre House.
This was not an unreasonable suspicion. Schedule 6 of the Head lease stated that no trade or business was to be carried out in the building. However Mr Brown-Constable had been in the habit of using the basement, without the leaseholders’ approval, for his office and storage, (of which evidence can be provided), but he had consistently denied it.