Breach of contract.

[steveeasy]

Hi
Would very much appreciate a little advice. Me and my partner were involved/spent 4 years preparing an indepth grant application for 125,000 with our landlord. we factually did 90% of the work and the application was for our business. the landlord accepted an award for 123,000. then six months later told us he did not want it and had given it back. At the same time as this we were involved in a parliamentary investigation in to farm grant applications. this complaint was fully upheld in our favour after 3 years.


we both eventually were invited to a meeting in parliament. at that meeting we were informed our landlord had never given the award back but still had it. He had simply lied to us. this ended our home and business.


We are going to sue him for breach of contract. we had no written contract but want to ask the court to accept a quasi contract. also need to represent my partner. but I'm told I cant as I'm a McKenzie friend. can a court allow a MK Kenzie friend to represent a plaintiff. we have tried o seek legal advice but don't ever get anywhere, it gets passed from a solicitor on to a barrister of which we simply cant fund. so we absolutely need to represent ourselves. we appreciate the risks but we have nothing to loose.


any advice appreciated.


Steveeasy

[nemesis45]

Re: Breach of contract.

Hi Welcome to LB

Perhaps [MENTION=85500]Peridot[/MENTION] may be able to assist on this.

nem

[des8]

Re: Breach of contract.

A litigant can apply for a lay individual to be granted right of audience or a right to conduct litigation, but it is granted only reluctantly and rarely

See here (page 14 para 18 onwards) https://www.judiciary.gov.uk/wp-cont...finalised_.pdf

[steveeasy]

Re: Breach of contract.

Hi,
thank you both for your swift responses. ill contact peridot to see if they can assist us and ive looked at the guidance sent to me.

Thank You

Steveeasy

[steveeasy]

Re: Breach of contract.

Hi,
I do make this complicated. however in essence it is a simple issue. A landlord and a tenant jointly apply for 125,000. the tenant does most of the work. obtains planning 20,000. obtains grant to pay planning fee. arranges building quotations, letters of support, all financial projections. the landlord just signs the form. he is awarded 125,000 to improve the tenants business. in essence he would never have got it on his own. he then tells the tenant he does not want it and has given it back. A year later we finf out he never did.

behind this was a fraud investigation by parliament ombudsman looking at farm grants. because of this the landlord once receiving the award lied to us so we would leave. we want to sue him for our costs involved, the damage to our reputations. and the 15 years lost income as set out in the grant application he signed. no contract existed between the landlord or tenant, but an awful lot of corrispondance exists to prove the joint mutually beneficial application was indeed joint and as such both parties owed each other a level of trust.


Steveeasy

[des8]

Re: Breach of contract.

The grant application was made in joint names of tenant and landlord to enable improvements.
Grant was awarded solely to landlord.
Landlord did not use grant monies for purpose of grant.
Was landlord sanctioned in any way by grantees?
Was he prosecuted for fraud?
If so was he found guilty
To be blunt you did the preparatory work, and incurred the costs prior to applying for the grant.
If the grant had not been forthcoming, you would still have incurred those costs, so the chances of recovering them are, IMO, slim.

However it would seem there was a fiduciary relationship following the setting up of a constructive trust, and on the basis that te fiduciary duty was breached you could bring an action for remedy or asserting a continuing proprietary interest in the grant funds/a new proprietary interest in traceable grant funds

[charitynjw]

Re: Breach of contract.

[MENTION=39710]des8[/MENTION]

Would it be better to sue as Negligence rather than breach of contract?

[des8]

Re: Breach of contract.

It seems from the little posted that it was a deliberate act, and so hardly negligent.
However a number of hurdles to be cleared if there is to be a successful outcome, and I think Steve would be well advised to seek professional assistance, at least to get initial pointers on which way to go.

[des8]

Re: Breach of contract.

...and I don't think the action is Breach of contract, butbreach of fiduciary duty following setting up of a constructive trust>
But I'm also expecting to be shot down or have others clarify the best way forward!1

[steveeasy]

Re: Breach of contract.

Hi,
pretty much sums it up. the reason for his actions were as quoted by defra in a letter to PHSO trying to defend themselves (my actions) I had already identified other fraudulent applications for funding. one was investigated for three years. fully upheld in my favour by PHSO. Defra were found guilty of significant maladministration and covering irregularities up. he was made to hand the award back. no sanctions or actions at all. the other applicants were also let off by government department despite informing the PHSO they were to recover 1/2 million from the other business. then our MPs and MEP and defra closed all means to continue addressing the issues following the PHSO report

our landlord was a friend of an agent who was going round submitting applications for farmers on half truths. Our landlord mislead us over the 125,000 award and just by chance we found out in a meeting with secretary of state. a year later. of course this was then the end of everything for us.
police would not get involved as defra would not report the issues. after 4 years of work and doing nothing wrong we were evicted from our house and business. I have been to two solicitors but each time its been recommended I seek a barristers opinion, which we just cant afford. each time the word trust is used.

Thank you for the comments everyone they are extremely helpful.

thank you

steveeasy

[steveeasy]

Re: Breach of contract.

I feel I may be providing too much info about outside issues. why did I report other grant awards ?. Our business was loosing all its customers as defra were handing out 100,000s to farmers to create new busineses the same as ours. better than ours and it was surrounded by 10 other busineses all funded over 6 years by defra. we were not allowed to apply, hence the joint application by farmer landlord and ourselves. the application named us, suggesting we would receive a new 15 year lease. he got the award, then mislead us stating he had given it back. what he actually did was jump ship. we had a subtenant who had investred 50,000 and was to be provided with a new lease for the new facility she provided supporting info for the application. he simply told me he had given it back and it was none negotiable.

he was more than happy to support us until he received the award then we never saw him for months fully believing he had given the award back. we wrote to MPs notifying them he had given the award back. it turned out he never had.


Steveeasy

[des8]

Re: Breach of contract.

.So you need to seek equitable compensation for your losses following breach of trust.
I can understand why solicitors are suggesting obtaining barristers opinion.
Have you approached any of these:
http://www.nationalprobonocentre.org.uk/
https://www.lawworks.org.uk/
http://www.barprobono.org.uk/

[steveeasy]

Re: Breach of contract.

I do appreciate I am asking for advice, but my thought process led me to think the arrangement between landlord and tenant was an informal contract evidenced by the supporting information and agreements during initial meetings. Then I thought the action would be fraudulent misrepresentation. an knowingly false act committed to mislead the other party of funds. could he have been a trustee as he was the recipient of the award, these are the reasons I need a barristers opinion, but I have not been able with limited funds to get a commitment. The last time I went to get guidance I took everything with me, the solicitor had six months to consider the issue, then came back passing it on to another person. That was nearly £1,000 with absolutely no direction at all. we cant do the same again.

Steveeasy

[des8]

Re: Breach of contract.

Understand your concern re costs, but the contacts I highlighted offer a probono service, ie it is free if they take it on.
THese are professionals who give up some of their time to work without charge.
Obviously they are in great demand so there is no guarantee they will take your case on,but you can but try.

[steveeasy]

Re: Breach of contract.

Understand your concern re costs, but the contacts I highlighted offer a probono service, ie it is free if they take it on.
THese are professionals who give up some of their time to work without charge.
Obviously they are in great demand so there is no guarantee they will take your case on,but you can but try.

Hi,
ill give them all a call this week. thank you for the details.

Steveeasy