CHANCERY DIVISION
Fetter Lane London EC4A 1NL |
||
B e f o r e :
____________________
LS SYSTEMS & OTHERS | Claimants | |
-and- | ||
DAVID SCOTT (1) RICHARD ADDERELY (2) |
Defendants |
____________________
Posib Ltd, Y Gilfach, Ffordd y Pentre, Nercwys, Flintshire, CH7 4EL
Official Transcribers to Her Majesty's Courts and Tribunals Service
DX26560 MOLD
Tel: 01352 757273 Fax: 01352 757252
translation@posib.co.uk www.posib.co.uk
For the Claimants: Mr Julian Wilson and Mr Patrick Halliday instructed by Leanne Wheller of Manleys Solicitors.
For the Defendants: The first defendant appeared in person
____________________
Crown Copyright ©
THE HONOURABLE MR JUSTICE ARNOLD:
"When doing the bank rec for Lovania I have made payment to Brinkmans for £11,605.45 on Friday 27th November. I have all the documentation. Please post to fixed assets plant and machinery and I will sort the further journals out once the funding is authorised by Lombard. No need to print anything off further. Keith had whined about documents in the office being on general view. Oops!!!!"
"It was agreed as between Keith Ball and the first defendant that the first defendant would be entitled, in addition to his salary, a sum equivalent to 5% of the turnover in the first claimant's alpine business as a consequence of and reflecting the works undertaken by the first defendant."
It is then repeatedly pleaded in the Defence that payments of this kind were made in satisfaction of that entitlement to commission.
" that the accounts would be settled either directly by means of making payment in satisfaction of the accounts. Indeed, the first defendant has paid c.£47,000. Or, and in due course, by means of set-off as against monies owed by the first claimant to the first defendant in relation to the Alpine deal as referred above."
It can be seen from that, therefore, that again Mr Scott relies upon the Alpine commission story as an important plank of his defence with regard to this claim.