Page 578 - FINAL MASTER 616pp 20-6-19 SOUND

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in THe WesT London CoUnTY CoUrT - Case No: [ ]
Mrs MiCHeLe HiLLGArTH - Claimant
versus
MiTre HoUse MAnAGeMenT LiMiTed - First Defendant and
pAUL BroWn-ConsTABLe - Second Defendant
and
seGAr KArUpiAH - Third Defendant
and
JAMiL rAJA - Fourth Defendant __________________________________________________________________________________
pArTiCULArs oF CLAiM
__________________________________________________________________________________
Considered responses
1. The Claimant is one of nine leaseholders in a block of flats at mitre house, King’s road, london SW3.
2. The First Defendant Company, mitre house management limited (“mhml”), was established in august 2011 by the Claimant and the three individual Defendants to this action to acquire the head lease of mitre house. each of the four individuals held 25% of the share capital of mhml and each of the four became a director of mhml (in the case of the Fourth Defendant through a corporate director, Dima international limited, of which he is the sole shareholder and sole director).
3. Thus mhml became the head landlord of mitre house and, notwithstanding objections from certain leaseholders, chose to manage mitre house itself (rather than through a professional managing agent) on behalf of the leaseholders.
A Considered response: noT one LeAseHoLder, inCLUdinG THe AppLiCAnT, direCTor & sHAreHoLder, Mrs HiLLGArTH, oBJeCTed - iT WAs A UnAniMoUs deCision BY ALL FoUr direCTors oF MiTre HoUse MAnAGeMenT LiMiTed (MHML)
4. The Second Defendant, Paul Brown-Constable, is a leaseholder who has at all material times been resident at mitre house (Flat 7). he took upon himself sole responsibility for the management of mitre house, notwithstanding that he had no relevant qualifications to do so.
A Considered response: THere WAs (AT THAT TiMe) no LeGAL reqUireMenT For speCiFiC proFessionAL qUALiFiCATions As evidenCed BY THe HUndreds iF noT THoUsAnds oF riGHT To MAnAGe (rTM) CoMpAnies THroUGHoUT THe UK. i HAd sUFFiCienT BUsiness ACUMen, CoMMon sense & CoMpeTenCe HAvinG rUn A GrApHiC desiGn AGenCY For FiFTY YeArs UnTiL i reTired To devoTe ALL MY TiMe, experienCe And enTHUsiAsM To rUnninG MiTre HoUse, A sMALL BLoCK oF 9 FLATs WiTH 24/7 on siTe CLose ATTenTion To eConoMY, MAinTenAnCe And CAre
5. The Third Defendant, who is also a leaseholder and who was formerly resident at mitre house (in Flat 2, currently occupied by his daughter) is an accountant who has at no time been directly involved in the management of mitre house. he was at all material times and remained a director of mhml until 29 September 2016, when he resigned as a director.
PleaSe reFer To aTTaCheD “AddendA/FUrTHer reFerenCes” iN SuPPorT oF argumeNT