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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
__________________________________________________________________________________ overall amount of £105,877 charged to the service charge reserves £105,877 Claimant’s one ninth share of £105,877 £11,764 less £250 statutory cap (£250) reimbursement claimed £11,514
(B) Claim for damages for breach and/or repudiation of contract by the defendants
38. The principal ground for the Claimant’s application for a change of management at mitre house was fraud on the part of the Defendants, including false accounting. however the First- Tier Property Tribunal being a cost-neutral forum, the Claimant was unable to recover the legal costs and expenses incurred by her in her successful prosecution of her claim for a change of management at mitre house.
39. Furthermore, by reason of the repudiation of the settlement agreement referred to in para- graph 13 above, the Claimant incurred additional fees and expenses which would not have been incurred had the terms of the said settlement agreement been observed, namely:
(a) in the establishment of a new company, mitre house management Company (2017) lim- ited; and
(b) in changing the articles of association of the said new company as appropriate on profes- sional advice; and
(c) in appointing directors to the said new company; and
(d) in the issue of new shares in the said new company to all the leaseholders at mitre house; and
(e) in the transfer by conveyancing solicitors of the head lease to the said new company.
40. accordingly the Claimant now seeks reimbursement of the sums incurred by her to pursue the proceedings in the First-Tier Property Tribunal as well as the additional costs and losses in- curred by her by reason of the repudiation of the settlement agreement, as follows:
pArTiCULArs oF Loss
Fees paid to (Bruce) maunder Taylor re preparation of Section 24 application Fees paid to (Bruce) maunder Taylor re inspection of mitre house and preparation of draft management order
Fees paid to (Bruce) maunder Taylor re preparation for and attendance
£1,570 £1,440
at Tribunal, and at a settlement meeting with mr Brown-Constable , and subsequent consultation re company matters and re-organisation. Fees paid to (michael) maunder Taylor for attendance at Tribunal Fees paid to SrJ accounting Services ltd (per maunder Taylor) for setting up new company and issuing new shares to the leaseholders
£11,819 £720
Total paid by Claimant
£300 £15,849
less recoveries by voluntary contributions from three leaseholders
(£7,055)
net costs incurred and paid by Claimant
PleaSe reFer To aTTaCheD “AddendA/FUrTHer reFerenCes” iN SuPPorT oF argumeNT
£8,794