|
On behalf of the Claimant Statement of Statement No: 1 Made
this 1st day of May 2009 IN THE (XXXXXX) COUNTY COURT CLAIM NO: B E T W E E N: Lloyd Sewell
Claimant
And Patricia Anne Mc Neil Defendants
WITNESS STATEMENT
OF
Beauford Lloyd Sewell
I,
Beauford Lloyd Sewell Director of “Tendering
for Contracts Training Ltd” . of: 23
Elmbridge Road, Cranleigh, Surrey, GU6 8NH. The
matters to which I refer to in the statement are known to me personally;
inclusive with this statement is a bundle of documents I refer to within my
statement. 1. “Tendering
for Contracts Training Ltd” (Claimant) was introduced to the “Ms McNeil” (Defendant)
by email correspondence from a third party “Mark Hayes-Green“ who approached “Tendering for Contracts
Training Ltd” (Claimant) with regard to its
training programme – the third party intended to become a reseller of training programme. Exhibit:
1, 2, 3 2. Negotiation
took place prior to a contract being drawn up , “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil
Ltd” (Claimant ) spoke with Ms McNeil (Defendant
) by telephone and had other communications by email. “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) discussed
his project in detail and “Ms McNeil” (Defendant ) replied that she was an
expert in such projects. Exhibit: 9, 12, 15 3:“McNeil”
(Defendant) subsequently sent detailed curriculum vitae to my “Lloyd Sewell of “Tendering for Contracts
Training Ltd” (Claimant) and on this
evidence further discussion took place between Claimant and Defendant. “Exhibit
11” 3:
“Ms McNeil” (Defendant) subsequently sent “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil
Ltd” (Claimant) a proposal – outlining
how the project would be completed , how long this process would take and what
costs were involved for the whole project.
“Exhibit 5” 4:
“McNeil” ( Defendant’s) proposal stipulated that she was extremely busy and
that if “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil”
(Claimant) was serious about her
doing his project and completing the project on time (3 months), then Claimant
should pay up-front a deposit of 25% of the project costs. Exhibit: 6, 9 5:
“McNeil “ (Defendant) proposal stipulated that at the end of the 1st
phase of the project “McNeil “ (Defendant) would complete certain aspects of
the project and present these to “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant)
and on acceptance of the 1st
phase as complete, Defendant would then proceed to the 2nd phase of
the project. “Exhibit 5, 6” 6:
On completion of the 2nd phase of the project, the project
acceptance process would be repeated – “McNeil “ (Defendant ) would then
proceed with the 3rd stage – and finally after acceptance by “Tendering
for Contracts Training Ltd” (Claimant) Defendant
would proceed to the final stage. Exhibit: 5 7:
“McNeil’s “ (Defendant) fees with the exception of the initial deposit would be
paid on the acceptance by “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant ) of
the relevant stages of the project. Exhibit: 6, 12 8:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) agreed to Mcneils (Defendant)
proposal and sent a cheque by registered post to “Mcneil “ (Defendant) Exhibit
1 9:
Acceptance of the contract and payment of 25% deposit was made on October 15th
2005 McNeil (Defendant) was paid Ł2875, 00 by cheque, cheque number 100005 “Exhibit 1” as the deposit for the
project as stipulated in Defendant’s contract document dated, 15-Oct-2005. “Exhibit 5” 10:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) confirms that no part of the
proposed project was ever completed by Defendant under the terms of the contract. 11:
Having accepted payment from (Claimant) “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil”,
and send a receipt by email, “Exhibit
6, 7, 12” Defendant subsequently
informed Claimant that she was going into hospital for an operation and at a
later date, “McNeil” (Defendant) further
informed Claimant that she was going to France for a holiday. “Exhibit …” 12:
“ McNeil “ (Defendant) also at about this time requested a meeting with her
associate – this meeting took place at Edinburgh Airport “Exhibit 4” McNeil
(Defendant )introduced her associate as an expert and the person who would
actually do the work – after “McNeil “ ( Defendant ) had designed the project. Exhibit: 13 13:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) requested from Defendant’s
associate - details of his previous projects or similar work done with
references, McNeil “ (Defendant) replied that these would be put in the post. Exhibit: 13 14:
Subsequently “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) received a proposal from Defendant’s associate
with an attached fee of Ł12,250 for the project. Exhibit: 9 15:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) was dismayed by this proposal
and requested clarification from “McNeil “ (Defendant ) her response replied that she was only doing part of the
project and that her associate was doing the other half. Exhibit: 9, 13 16:
When “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) demanded her associates provide suitable
references before signing another contract -
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) was told that it would
not be possible – since all the work done by her associate was done under
conditions of “secrecy” and could not be disclosed to third parties. Exhibit: 9 17:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) refused to sign a new contract with
Defendant’s associate and “McNeil” (Defendant) subsequently sent “Tendering for
Contracts Training Ltd” (Claimant) c a letter – terminating the contract – with
immediate effect “Exhibit 10”, Request for return the 25% deposit was refused . STATEMENT OF TRUTH I believe that the facts stated in this witness
statement are true Signed
__
|
___
_____________________________