Trust legal action

[waynekerr55]

I literally posted it after the end of the game. Genuinely not taking the mick either Coops

Yeah I think the server clock is an hour out.

I love a rant but even I wouldn't do that during a game

 

[Vetchfielder]

any update? We know the delays were due to unfortunate circumstances but now must be the time to act

The wheels of the legal profession turn slowly. The wheels of the legal profession when you need to engage with a different person to lead it turn slower. The wheels of a legal profession when you have five key witnesses, based all over the world, each with demanding jobs turn even slower again. And, then finally, throw in a global pandemic, lockdown and people adjusting to new ways of working and things slow down even more.

The witness statements being prepared are the slowdown now. At the AGM we believed we were probably there but the lawyers have done a good (but frustrating job) of looking through these and stress testing them and asking for more information. Finding emails from 6 years ago is a challenge at the best of times, finding specific ones is more challenging. This is one of the reasons why people involved in this legal case are standing down from the board - this alone drains your time more heavily than any of us imagined, doing normal Trust activities alongside that becomes almost impossible. Of those standing down I think most (if not all) will still play a decent sized chunk of involvement but behind the scenes.

This is progressing as it was at the time of the last update (which I would need to check back on as to when that was) it was about witness statements and to an extent it still is but I now believe all are finished, stress tested and we move onto the next stage.

Of course as of Saturday morning we have a new board, the board will need a new Chair and for most of the board they can focus on the day to day trust running which should be communications and the like. You have one new face, one re-elected face and one person returning after standing down 12 months back. The board will elect the new Chair and hopefully from here there is more time to devote to "front of house" activities (i.e. the stuff you see/hear) and not get caught up in hours behind the scenes (which others will continue to do)

I wish it was as simple as you see on the TV, someone presses a legal button and the back street lawyer in Coronation Street has it in a courtroom by two weeks Monday, completed by the second episode Friday evening. :mrgreen:

Thanks very much Phil.

When you say that "we move on to the next stage", could you please explain what that is and what the subsequent stages are relating to taking the legal action? Rough timescales would also be nice but it sounds like that's difficult

Thanks

 

[Cooperman]

Yeah I think the server clock is an hour out.

I love a rant but even I wouldn't do that during a game

All my fault. I was living in a different time zone :lol:

 

[Vetchfielder]

any update? We know the delays were due to unfortunate circumstances but now must be the time to act

The wheels of the legal profession turn slowly. The wheels of the legal profession when you need to engage with a different person to lead it turn slower. The wheels of a legal profession when you have five key witnesses, based all over the world, each with demanding jobs turn even slower again. And, then finally, throw in a global pandemic, lockdown and people adjusting to new ways of working and things slow down even more.

The witness statements being prepared are the slowdown now. At the AGM we believed we were probably there but the lawyers have done a good (but frustrating job) of looking through these and stress testing them and asking for more information. Finding emails from 6 years ago is a challenge at the best of times, finding specific ones is more challenging. This is one of the reasons why people involved in this legal case are standing down from the board - this alone drains your time more heavily than any of us imagined, doing normal Trust activities alongside that becomes almost impossible. Of those standing down I think most (if not all) will still play a decent sized chunk of involvement but behind the scenes.

This is progressing as it was at the time of the last update (which I would need to check back on as to when that was) it was about witness statements and to an extent it still is but I now believe all are finished, stress tested and we move onto the next stage.

Of course as of Saturday morning we have a new board, the board will need a new Chair and for most of the board they can focus on the day to day trust running which should be communications and the like. You have one new face, one re-elected face and one person returning after standing down 12 months back. The board will elect the new Chair and hopefully from here there is more time to devote to "front of house" activities (i.e. the stuff you see/hear) and not get caught up in hours behind the scenes (which others will continue to do)

I wish it was as simple as you see on the TV, someone presses a legal button and the back street lawyer in Coronation Street has it in a courtroom by two weeks Monday, completed by the second episode Friday evening. :mrgreen:

Hi Phil,

I have an unexplainable urge to bounce this question again:-

When you say that "we move on to the next stage", could you please explain what that is and what the subsequent stages are relating to taking the legal action? Rough timescales would also be nice.

Ta

 

[Swanjaxs]

Does anyone really trust the Trust anymore?

Does anybody care anymore?

There was a time when I used to get worked up, as to why the trust wasn't going for the jugular...

Nowadays, I really couldn't give a fuck.

 

[PSumbler]

The wheels of the legal profession turn slowly. The wheels of the legal profession when you need to engage with a different person to lead it turn slower. The wheels of a legal profession when you have five key witnesses, based all over the world, each with demanding jobs turn even slower again. And, then finally, throw in a global pandemic, lockdown and people adjusting to new ways of working and things slow down even more.

The witness statements being prepared are the slowdown now. At the AGM we believed we were probably there but the lawyers have done a good (but frustrating job) of looking through these and stress testing them and asking for more information. Finding emails from 6 years ago is a challenge at the best of times, finding specific ones is more challenging. This is one of the reasons why people involved in this legal case are standing down from the board - this alone drains your time more heavily than any of us imagined, doing normal Trust activities alongside that becomes almost impossible. Of those standing down I think most (if not all) will still play a decent sized chunk of involvement but behind the scenes.

This is progressing as it was at the time of the last update (which I would need to check back on as to when that was) it was about witness statements and to an extent it still is but I now believe all are finished, stress tested and we move onto the next stage.

Of course as of Saturday morning we have a new board, the board will need a new Chair and for most of the board they can focus on the day to day trust running which should be communications and the like. You have one new face, one re-elected face and one person returning after standing down 12 months back. The board will elect the new Chair and hopefully from here there is more time to devote to "front of house" activities (i.e. the stuff you see/hear) and not get caught up in hours behind the scenes (which others will continue to do)

I wish it was as simple as you see on the TV, someone presses a legal button and the back street lawyer in Coronation Street has it in a courtroom by two weeks Monday, completed by the second episode Friday evening. :mrgreen:

Hi Phil,

I have an unexplainable urge to bounce this question again:-

When you say that "we move on to the next stage", could you please explain what that is and what the subsequent stages are relating to taking the legal action? Rough timescales would also be nice.

Ta

Sorry I completely missed the question first time around rather than ignored it. The next stage is to take all the witness statements and present them to the QC who will then give a fuller picture of a likelihood of success. This is key and will move it from a "strong case" to some level (I assume) of % chance. Now (and as of last Saturday this isn't me speaking from a Trust position but a personal one) is that chance of success was 10% the likelihood is the board may refer that back to members or at least take a call as to whether that is strong enough to proceed. If say it was 90% then it will proceed.

The board will only proceed further if the chances of winning remain strong and - just as importantly - the funding is in place to cover the costs associated with the case. And it all had to be done in that order - the funding cannot be assured really without the QC guidance and they require a complete full picture of pages and pages and reams of witness statements

 

[Longlostjack]

Funding as in insurance? Timescale?

 

[Mikey]

No-one cares mate, they failed years ago... everyone is just getting on with it now.

 

[Vetchfielder]

Hi Phil,

I have an unexplainable urge to bounce this question again:-

When you say that "we move on to the next stage", could you please explain what that is and what the subsequent stages are relating to taking the legal action? Rough timescales would also be nice.

Ta

Sorry I completely missed the question first time around rather than ignored it. The next stage is to take all the witness statements and present them to the QC who will then give a fuller picture of a likelihood of success. This is key and will move it from a "strong case" to some level (I assume) of % chance. Now (and as of last Saturday this isn't me speaking from a Trust position but a personal one) is that chance of success was 10% the likelihood is the board may refer that back to members or at least take a call as to whether that is strong enough to proceed. If say it was 90% then it will proceed.

The board will only proceed further if the chances of winning remain strong and - just as importantly - the funding is in place to cover the costs associated with the case. And it all had to be done in that order - the funding cannot be assured really without the QC guidance and they require a complete full picture of pages and pages and reams of witness statements

OK, thanks for that Phil.

I believe there is a typo in there and that you meant "IF that chance of success" , rather than "IS that chance of success".

It is clearer to me now as to next steps but it would be good to receive a bit more detail regarding timescales :-

(1) The next stage of providing documentation to the QC seems to be within our control and so when are we planning to submit that to the QC?

(2) Roughly how long will the QC take to respond to the Trust?

(3) After receipt of the QC's updated opinion, assuming it is still a "strong" case, how long will it then take for the Trust to submit the documentation to the insurer/litigation funder?

(4) Roughly how long it take for the insurer/litigation funder to confirm funding?

(5) Assuming funding is put in place, what is the next stage towards legal action and how long will that take to enact?

Thanks

 

[PSumbler]

Sorry I completely missed the question first time around rather than ignored it. The next stage is to take all the witness statements and present them to the QC who will then give a fuller picture of a likelihood of success. This is key and will move it from a "strong case" to some level (I assume) of % chance. Now (and as of last Saturday this isn't me speaking from a Trust position but a personal one) is that chance of success was 10% the likelihood is the board may refer that back to members or at least take a call as to whether that is strong enough to proceed. If say it was 90% then it will proceed.

The board will only proceed further if the chances of winning remain strong and - just as importantly - the funding is in place to cover the costs associated with the case. And it all had to be done in that order - the funding cannot be assured really without the QC guidance and they require a complete full picture of pages and pages and reams of witness statements

OK, thanks for that Phil.

I believe there is a typo in there and that you meant "IF that chance of success" , rather than "IS that chance of success".

It is clearer to me now as to next steps but it would be good to receive a bit more detail regarding timescales :-

(1) The next stage of providing documentation to the QC seems to be within our control and so when are we planning to submit that to the QC?

(2) Roughly how long will the QC take to respond to the Trust?

(3) After receipt of the QC's updated opinion, assuming it is still a "strong" case, how long will it then take for the Trust to submit the documentation to the insurer/litigation funder?

(4) Roughly how long it take for the insurer/litigation funder to confirm funding?

(5) Assuming funding is put in place, what is the next stage towards legal action and how long will that take to enact?

Thanks

Yes you are right that is a typo - I won't edit it but yes that should have read 'If' not 'Is'

On your questions and - now I am a former board member - I can't answer them all with accuracy but

1. This piece has been done. It was done in the last days of July
2. That one I don't know. Going by previous work they have had to do it can take 2-4 weeks. Last time we had "time" with the QC it had to be booked so simply it will depend on his current case load and any pre-planned holidays
3. I guess a little on this one but it shouldn't be a long process at this stage. It will just be a case of submission. It's a little more than just filling out an application form but nowhere near the level of work already undertaken so, as my estimate, we are in the weeks rather than months scenario
4. I genuinely have no idea on this one
5. I think at this stage it could take a few courses depending on the advice given and here I would always have been guided by the legal experts within our group so I'm genuinely not sure.

I think in summary between completion of stage 1 (where we are now) and stage 4 is probably not a huge timescale but it's also not tomorrow so maybe September/October and then stage 5 will be outlined as they progress through.

Sorry I would have loved to have given more clarity and things may (although I suspect not) have moved on in the last week.

On Monday as well the Trust board will decide who will drive the case forward internally as 3 people (myself, Andrew McGlashlan and Andrew Cude) have all stood down at this election which leaves the group light. Clearly we will all be active in supporting

 

[Vetchfielder]

Thanks very much for that Phil, that helps a lot.