starting a private claim against someone

by Lawful rebel Wed Apr 11, 2018 12:38 pm

Hi all, this concerns an investment with a ltd company for tree planting in Costa Rica the company is UK based and has over 3000 investors to which a friend is one.
the company director squandered many millions of pounds and did not action the promises outlined to now have the serious fraud squad investigating.
my question is can an investor take out a private claim against the director if so does anyone know what pre action protocols are involved in suing for damages etc.

Thanks in advance...

by **daveiron** Wed Apr 11, 2018 2:42 pm

Try looking into a Class Action lawsuit. Probably the cheapest way.

by **assassin** Wed Apr 11, 2018 6:57 pm

Yes they can but you need all of your ducks in a row.

If anyone makes an investment it states that it can go up or down and they will claim it went down, what they need to do is show that they were duped into this investment by misleading information and false claims, this way if they can bring a class action with a pattern of mis-selling with false claims as the root cause then they have an excellent claim, but the more people are in the class action the better.

by Ausk Thu Apr 12, 2018 9:57 am

Dunno what the chances of a class action getting off the ground is in the UK. In aus there has been a partition for a class action against councils.
In 1984 the people of Australia said no, in a referendum, to recognising local councils as the third level of govt but of course the govt made them that anyway.
The partition for a class action has been going for years yet they still cant get the numbers required to get it off the ground.

by Lawful rebel Thu Apr 19, 2018 9:56 am

Thanks for the replys.
The nuts and bolts are that the company mis used the investment money and did not do as promised leading to an investigation for mis appropriation of funds by the fraud squad, my friend is interested the possibility of bringing his own personal claim against the director as a class action would be a logistical nightmare with over 3000 investors.

by **daveiron** Thu Apr 19, 2018 10:24 am

Hi LR

You do not need all 3000 investors .I do not know the numbers needed.
I would advise seeking a lawyer who takes on class actions ,I believe he only needs consent from enough people to start an action.
Going it alone with a claim will I suspect be a long and potentially expensive route & should your friend lose the costs awarded could be substantial.

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