Corruption & Underhand Tactics - Oxford's Rich and Powerful
Corruption & Underhand Tactics - Oxford's Rich and Powerful
Author
Discussion

jms1

Original Poster:

241 posts

226 months

Wednesday 23rd August 2017
quotequote all
Hopefully I caught your attention....I am calling out on social media for anyone who might be able to directly or indirectly assist a friend of mine achieving some justice.

My friend effectively lost his boutique restaurant business (6 years in the making) when his premises were re-possessed by the landlord (a powerful Oxford trust in this instance). Like most legal battles the situation has many twists and turns; however, in would appear that our UK legal system to-date has closed ranks with a powerful Oxford trust with the aim of brushing my friend's appeal aside.

Fortunately he has since managed to file a case with the Court of Appeal; however, as a native UK citizen I am frankly appalled and disgusted by the way my friend (a US citizen of Taiwanese Chinese descent) has been treated to-date. The latest events I've been privy to include inconsistent County Court transcripts. This either indicates that the Oxford County Court staff and Judge concerned are either (1) incompetent or (2) someone is deliberately attempting to pervert the course of justice. Bold claims I know but had it not been for my friend's tenacity and the advice of his Godfather who used to teach Law, he would have been battered into submission by our legal system months ago.

I know it's a long-shot but I am looking to contact anyone in the legal profession, who might be able to offer an objective opinion on events and possibly some free legal counsel. My friend has kept a comprehensive record of all communications and events to support his case. The local Oxford press won't go anywhere near the story (for fear of upsetting the local establishment I can only assume) so I am minded to assist my friend at some point with approaching the National Press so that the truth behind this sorry case can be aired.

Not surprisingly this issue has consumed my friend for month's now and I hope that I can elicit some independent support for him out there to enable him to seek closure.

If you have any interest in this story and would like to assist me in helping a fellow car enthusiast obtain justice, please pm me.

Thanks to all of you in advance.

Jason.

Edited by jms1 on Wednesday 23 August 22:31

SiH

1,858 posts

277 months

Wednesday 23rd August 2017
quotequote all
What are the terms in his lease?

Charlie Croker mk2

303 posts

130 months

Wednesday 23rd August 2017
quotequote all
One simple question "what does the lease say" in regard to terminations and length and rent rises ?

98elise

32,672 posts

191 months

Thursday 24th August 2017
quotequote all
As above what were the terms of the lease?

I lost a business a few years ago (which took my life savings) as my landlord decided at renewal to alter the terms negatively, then advertise it on the open market. This was perfectly legal, if immoral however I had to suck it up. It was their property not mine.

Escapegoat

5,135 posts

165 months

Thursday 24th August 2017
quotequote all
And here in Cambridge, a guy I know had to close his shop when the landowner (a famous Cambridge college) decided to gouge with a huge rent that made the business unviable. Market conditions had changed, etc, etc.

ashleyman

7,284 posts

129 months

Thursday 24th August 2017
quotequote all
Sounds similar to what's happening near me. My local Pizza Express paid the landlord of a smaller restaurant a huge sum of money to have the current tenant evicted. The current tenant is a small family run restaurant.

Pizza Express are now planning to move location and the guy who got kicked out is finished and has no choice but to retire.

Derek Smith

49,903 posts

278 months

Thursday 24th August 2017
quotequote all
The local press will depend on advertising to pay for the paper so they will not want to rock the boat. One regular advert pulled can be dangerous and if your interpretation is correct, it will be more than one that goes. So don't blame them. They are a business.

Social media is probably the best bet, especially if previous customers can be asked to share. The vital thing here is to ensure only supportable facts, i.e. those with evidence to prove, and embarrassing facts retained, are published.

The idea that lower courts are untouchable bastions of probity is a myth and even if it wasn't there are procedures and processes that seem to be there to ensure justice isn't served.

But I'd suggest not suggesting that there is a conspiracy, even on unconnected forums like this one.

I know this isn't what you asked, but then no one else seems bothered; I'd carefully work out the cost/benefit ratio before taking on the establishment. Are you certain your friend is not tilting at windmills? If the foe is as described, there would appear to be little chance of success.

Ask yourself how much the award will be, then take away non-covered costs and then work out how much all the time and effort your friend put into the case would have gained him if he'd put it into building another business. Then recognise that there is no certainty of a win. Merely being in the right is not enough.

Taking it as a lesson, and an expensive one at that, and learning from it might be the better way.

Not an answer to your question so my apologies.


mr rusty

220 posts

122 months

Thursday 24th August 2017
quotequote all
I think Derek above offers sound advice. My immediate question is "repossessed from whom?" If it is your friend, he must in some way have contravened his lease. If was a.n.other it sounds like he may have had a non-approved sub lease. There must be more to the story.

It is very easy to feel aggrieved and start off down a course of action with a high risk that you actually won't win, rather than take it as a life lesson, take the hit and rent a new premises down the road.

Durzel

12,999 posts

198 months

Thursday 24th August 2017
quotequote all
They're either acting illegally, or they aren't. If they're just acting immorally but strictly within the boundaries of the Law, however deficient or unfair that might seem to you, then that's a different thing entirely.

Also Oxford doesn't exist in a bubble as far as media attention goes, and it's arguable whether local print media is anything to write home about nowadays. There's plenty of ways to make noise.

FazerBoy

1,002 posts

180 months

Thursday 24th August 2017
quotequote all
I work in the field of commercial property leasing.

A landlord cannot simply repossess a commercial property during the lease term unless the tenant is significantly in breach of the terms of the lease.

If the lease came to an end then it depends whether it is contracted within the terms of the Landlord & Tenant Act 1954 as to whether the landlord can demand that the tenant vacates or whether the tenant has an automatic right to a renewal of the lease on mutually acceptable terms (which can ultimately be decided by a Court if the parties cannot reach agreement).

There are always two sides to a story and I we're not getting the full picture here.

Rude-boy

22,227 posts

263 months

Thursday 24th August 2017
quotequote all
Picture? Not even the back of a fag packet doodle of a preliminary sketch of an idea for the third cherub on the left of the corner of some Italian cathedral.

PBDirector

1,049 posts

160 months

Thursday 24th August 2017
quotequote all
Escapegoat said:
And here in Cambridge, a guy I know had to close his shop when the landowner (a famous Cambridge college) decided to gouge with a huge rent that made the business unviable. Market conditions had changed, etc, etc.
Exactly the same happened with Browns, and the Cornish pasty shop on market sq

PBDirector

1,049 posts

160 months

Thursday 24th August 2017
quotequote all
Rude-boy said:
Picture? Not even the back of a fag packet doodle of a preliminary sketch of an idea for the third cherub on the left of the corner of some Italian cathedral.
This. But more vague.

surveyor

18,695 posts

214 months

Thursday 24th August 2017
quotequote all
Similar happens all over the place.

I know of someone who was selling their catering business. They were behind in the rent. The buyer and Landlord did a deal behind the Tenant's back. Goobye Business Value.

All legal and cute. This is why these types of businesses need long leases, and need to use a solicitor to ensure that they don't get shafted on the lease - and that they know where their risks are.