JD Classics, what have they been up to?

JD Classics, what have they been up to?

Author
Discussion

wisbech

2,981 posts

122 months

Wednesday 28th October 2020
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jsf said:
I've read the whole judgement now, I'm very impressed with this judge.

Astonishing what Hood got up to, I dread to think how many others he pulled that on.

The lightweight E type, talk about taking the piss by Hood!

I hope they take everything he has and lock the bugger up.
Earlier there was discussion how Tuke, as a successful businessman, was probably over confident in his abilities. You can see here the same with Hood - coming up with previously unknown letter and email that had never been referenced before...

GoodOlBoy

541 posts

104 months

Thursday 29th October 2020
quotequote all
jsf said:
I've read the whole judgement now, I'm very impressed with this judge.

Astonishing what Hood got up to, I dread to think how many others he pulled that on.

The lightweight E type, talk about taking the piss by Hood!

I hope they take everything he has and lock the bugger up.
I assume that this case won't be the end of it.

Anyone know how it will move on from here ? Under what circumstances would he receive a custodial sentence ?

Moderator edit: no potentially defamatory statements please.

anonymous-user

55 months

Thursday 29th October 2020
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lowdrag said:
The judgement seems to have been taken down, but I have found it on Casemine though. Frankly, not being a lawyer or barrister, it makes my head spin...
The judgment is written in plain English. As for "lawyer or barrister", lawyers and barristers are one and the same thing. All barristers are lawyers. Not all lawyers are barristers.

anonymous-user

55 months

Thursday 29th October 2020
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havoc said:
I thought fraud WAS criminal?

Or is this a case of a civil prosecution being brought because the CPS decided not to bother (i.e. not certain of winning)?
Fraud is a criminal offence and also a civil wrong. This was not a civil prosecution, because there is no such thing. This was a civil claim for remedies arising from fraud. A criminal prosecution would involve related but not identical issues. The test for a prosecution is not certainty of winning.

I make my customary lament about the failure of the British education system to teach people the basics of the UK's legal systems before people leave school.



anonymous-user

55 months

Thursday 29th October 2020
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Adrian E said:
I suspect the next round of litigation will involve following the money (to his wife and then on to overseas havens)

If this were a criminal case I suspect there'd be more chance of getting the money, as the judge would be able to set a sentence based on whether he coughs up what's due or not, and I doubt Hood would want to spend his dotage in clink.
You are very probably right about the first point. I spend a lot of my working time engaged in such litigation. Your second point is slightly confused. After a criminal conviction, the court can make a confiscation order. If the defendant does not pay the amount ordered, he may have his sentence increased.

The CPS may be asked to consider the judgment and to prosecute Hood. Bear in mind that a prosecution is subject to a higher standard of proof (beyond reasonable doubt as opposed to balance of probabilities), and the CPS must form the view that a prosecution would be in the public interest. Another possibility is an application the Chancery Division of the High Court for an order that disqualifies Hood from being a company director.


Edited by anonymous-user on Thursday 29th October 08:52

anonymous-user

55 months

Thursday 29th October 2020
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CanAm said:
Time to bring back Debtors Prison? smile
Absolutely not. Prison for debtors is self-defeating and brutally uncivilised. Read some Dickens.

silentbrown

8,862 posts

117 months

Thursday 29th October 2020
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GoodOlBoy said:
Moderator edit: no potentially defamatory statements please.
Maybe an OTT response to a the OP's brainfart and name mixup, surely?

silentbrown

8,862 posts

117 months

Thursday 29th October 2020
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Breadvan72 said:
Another possibility is an application the Chancery Division of the High Court for an order that disqualifies Hood from being a company director.
That seems like horse/stable door time. Aren't these easily circumvented with 'puppet' directors anyway?

Adrian E

3,248 posts

177 months

Thursday 29th October 2020
quotequote all
Breadvan72 said:
Adrian E said:
I suspect the next round of litigation will involve following the money (to his wife and then on to overseas havens)

If this were a criminal case I suspect there'd be more chance of getting the money, as the judge would be able to set a sentence based on whether he coughs up what's due or not, and I doubt Hood would want to spend his dotage in clink.
You are very probably right about the first point. I spend a lot of my working time engaged in such litigation. Your second point is slightly confused. After a criminal conviction, the court can make a confiscation order. If the defendant does not pay the amount ordered, he may have his sentence increased.

The CPS may be asked to consider the judgment and to prosecute Hood. Bear in mind that a prosecution is subject to a higher standard of proof (beyond reasonable doubt as opposed to balance of probabilities), and the CPS must form the view that a prosecution would be in the public interest. Another possibility is an application the Chancery Division of the High Court for an order that disqualifies Hood from being a company director.


Edited by Breadvan72 on Thursday 29th October 08:52
Thanks for the clarity - as an engineer by training, I've spent more time in the RCJ than I ever expected to (JR related) but it's given me more of an interest in the intricacies of legal decision making, so find myself subscribed to notifications for judgments just so I can read some of the more interesting ones (the contractual ones are invariably bloody hard work to read!)

Fascinating stuff smile

giveitfish

4,033 posts

215 months

Thursday 29th October 2020
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This thread has been fascinating reading.

Just to note classic cars are not the only asset to suffer from this - guys spend $375k on Pokemon cards but when they break the seal on the box it turns out they're all fake: https://www.theguardian.com/games/2020/oct/28/how-...

I guess this same pattern is destined to repeat again and again on anything which becomes a sudden unregulated bubble.

DonkeyApple

55,476 posts

170 months

Thursday 29th October 2020
quotequote all
giveitfish said:
This thread has been fascinating reading.

Just to note classic cars are not the only asset to suffer from this - guys spend $375k on Pokemon cards but when they break the seal on the box it turns out they're all fake: https://www.theguardian.com/games/2020/oct/28/how-...

I guess this same pattern is destined to repeat again and again on anything which becomes a sudden unregulated bubble.
Sharks and Whales, Hoods and Tukes are present in every market. It’s only the scale that varies and much is driven by the amount of money on the table and the level of law involved in that market.

Any investor should read this document and this book: https://www.amazon.co.uk/Thinking-Fast-Slow-Daniel...

I have sent that book to more than one client.

Fine wines, horses, precious metals, stones, cars, penny shares, P2P lending, crowdfunding, watches, angel investing, crypto, auctions the list goes on where you will find sharks and whales and the ghastly fiasco of the subject of this thread rife.

I’ve lost count in my regulated line of work over 25 years of the number of sharks and whales I’ve brushed shoulders with from crooked brokers, businessmen, solicitors and even police and unregulated markets like old cars is, as I mentioned earlier, pure Wild West territory by comparison.

anonymous-user

55 months

Thursday 29th October 2020
quotequote all
silentbrown said:
GoodOlBoy said:
Moderator edit: no potentially defamatory statements please.
Maybe an OTT response to a the OP's brainfart and name mixup, surely?
Libel is not a tort of intention. Accidental defamation is just as actionable as intentional defamation.

anonymous-user

55 months

Thursday 29th October 2020
quotequote all
DonkeyApple said:
...

Fine wines, horses, precious metals, stones, cars, penny shares, P2P lending, crowdfunding, watches, angel investing, crypto, auctions the list goes on where you will find sharks and whales and the ghastly fiasco of the subject of this thread rife.

I’ve lost count in my regulated line of work over 25 years of the number of sharks and whales I’ve brushed shoulders with from crooked brokers, businessmen, solicitors and even police and unregulated markets like old cars is, as I mentioned earlier, pure Wild West territory by comparison.
I get to fund my various bad habits because of these facts. Some of the worst crooks who used to be in the City have taken post-regulation refuge in places such as yachtbroking and high end classic car dealing.

DJFish

5,924 posts

264 months

Thursday 29th October 2020
quotequote all
Great read, but essentially an age old tale of an over enthusiastic punter having their pants pulled down after putting their trust in a used car dealer.
Interesting what was mentioned about the grossly inflated historical invoices, was that cooking the books or is there some explanation why someone would want to ‘Pay’ over the odds for an asset?

GoodOlBoy

541 posts

104 months

Thursday 29th October 2020
quotequote all
Breadvan72 said:
silentbrown said:
GoodOlBoy said:
Moderator edit: no potentially defamatory statements please.
Maybe an OTT response to a the OP's brainfart and name mixup, surely?
Libel is not a tort of intention. Accidental defamation is just as actionable as intentional defamation.
I'm in the dark on this, could someone please explain ?

ClaphamGT3

11,314 posts

244 months

Thursday 29th October 2020
quotequote all
I have read the whole judgement now and nothing changes my original assessment that this was nothing more than the inevitable outcome of a credulous speculator tangling with an unscrupulous trader, their common interest being greed

anonymous-user

55 months

Thursday 29th October 2020
quotequote all
GoodOlBoy said:
I'm in the dark on this, could someone please explain ?
You appear to have confused the victim of the fraud with the perpetrator of the fraud. Hence you posted something that would have been actionable at the suit of the victim of the fraud.

anonymous-user

55 months

Thursday 29th October 2020
quotequote all
silentbrown said:
Breadvan72 said:
Another possibility is an application the Chancery Division of the High Court for an order that disqualifies Hood from being a company director.
That seems like horse/stable door time. Aren't these easily circumvented with 'puppet' directors anyway?
Most legal remedies are reactive and not pro-active. "Minority Report" is fiction. Shadow directors are a thing, but sometimes they are detected.

jeremyc

23,540 posts

285 months

Thursday 29th October 2020
quotequote all
GoodOlBoy said:
I'm in the dark on this, could someone please explain ?
Your post was edited because it contained a potentially defamatory statement that Tuke had defrauded others.

you said:
Others will now realise that they have been defrauded by Tuke too.

DonkeyApple

55,476 posts

170 months

Thursday 29th October 2020
quotequote all
Breadvan72 said:
I get to fund my various bad habits because of these facts. Some of the worst crooks who used to be in the City have taken post-regulation refuge in places such as yachtbroking and high end classic car dealing.
Absolutely. It’s almost a standard career path. They work their way down the broking ladder to penny shares and retail derivatives and then into unregulated physical markets like gold or FX before turning up as yakt or plane brokers before ending up with fine wines, horses, cars.

Others will join the FILTH markets of Dubai and China or historically have headed to Caymen or KL. I’m sure in your recent stint you found some in the Caribbean. Belize and Panama have been my industry’s favourite in recent years.

There’s no shortage of chaps at Summer events who dread the announcement of shirt sleeve order due to the tattoos hidden under the blazer. biggrin

Telltales in my line of worked tend to be a Linked in profile that details time served at old English bank’s long since subsumed into a large global firm and an education at a small public school where you’re very unlikely to ever meet or know someone from their year etc. And when buying things like cars, guns or wine it’s an over the top accent that gives me a hint that something is afoot and someone may be a graduate of the Barking School of Elocution.