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Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13231
Experience:  30 years experience in business law and related topics such as employment law
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I have recently be informed that defence and counterclaim are

Resolved Question:

I have recently be informed that defence and counterclaim are not CPR
compliant please help.

Sincerely Rohan

Defence:
Craft Productions deny the claim by Track It Down. Track it Down knowingly withheld Craft Productions funds in contravention of the agreement made with Craft Productions regarding the scheduled payments of those funds by Track It Down to Craft Productions for the sale of tickets for the festivals that Craft Productions was promoting at the time, namely "The Pearl Festival" and "The Folkestone Ska Splash" The actions of Track It Down caused financial damages and loss of earnings which resulted as direct consequences of Track It Down's conduct. All revenue generated by ticket sales resulted due to the coordinated campaign undertaken by Craft Productions to promote the festivals resulting in those ticketsales. Track It Down created this situation by failing to honour it's commitment to Craft Productions thereby sabotaging the planned progress for both festivals being promoted by Craft Productions. By refusing to pay Craft Productions, Track It Down negatively effected the campaigns for the above mentioned festivals, causing delays in campaign delivery, additional drain of resources, legal consultations, investigation and contingency planing, ultimately having a detrimental effect on ticket sales. The actions of Track It Down made it extremely difficult to obtain additional funding due to the insecurity regarding Track It Down's actions and the high risk as a result of Track It Down's dishonourable actions by reneging on this agreement thus creating considerable doubt as to whether on not it would in fact pay the money to Craft Productions at all. The actions of Track It Down and it's unwillingness to be transparent regarding it's financial position, coupled with the fact that Craft Productions had the highest grossing ticket sales of any promoter that had made an agreement with Track It Down to act as an agent during this period are questionable at best. The motive for Track It Down to withhold funds is unjustified and deviant. There is no doubt that withholding funds could only result in cash flow problems and issues that arise from undercapitalised ventures. The fact that Track It Down was the sole ticket agent for both festivals and was deliberately attempting to force the cancelation of the festivals at the commencement of the broadest and most powerful stage of the of marketing campaign makes it clear that there was no interest in the success of the events, while Track It Down made it very clear on several occasions that it did not care about the events success and would retain
the booking fee even if the events were canceled. Track It Down acted in bad faith and its actions clearly display, that it held the funds for unjust motives resulting in negative consequences and the cancelation of the Pearl Festival. The view that Track It Down have acted in this way and now hope to profit from litigation amounts to extortion, while using Craft Production funds to hide poor business performance on their part. Track It Down pitched a proposal to Craft Productions to be the key ticket agent for The Pearl Festival in this proposal Track It Down made it clear that it would pay artists playing at the festival who had produced songs for release on the festival album from its booking fee and make the album download available as a free gift with each ticket purchased. The original amount agreed for each album was £3.00, which would be divided equally between the ten songs on the album. Track It Down has not made any
payments to the artists and also made attempts to change that agreement to reduce its contribution after the agreements had been made with the artists.
Counter Claim: Loss of earnings and financial damages.
Track It Down reneged on its agreement with Craft Productions to make payments upon invoice for weekly ticket sales.as the key ticket agent for The Pearl festival and The Folkestone Ska Splash which were organised and promoted by Craft Productions, causing extensive cash flow problems and damage to the marketing campaign resulting in loss of earnings, financial damages due to the late stage at which it became clear that they would not honour the agreements with Craft Productions causing the cancelation of The Pearl Festival.
Submitted: 8 months ago.
Category: UK Law
Expert:  Jo C. replied 8 months ago.
Hi

Thank you for your question. My name is XXXXX XXXXX X will try to help with this.


In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Can you please summarise as this appears to have exceeded the word length on my ipad.


Customer: replied 8 months ago.

Which part do you need me to summarise it is all there copied from the defence and counterclaim


Their solicitor has said that my defence and counterclaim is not compliant with rule 16

Expert:  Jo C. replied 8 months ago.
I will opt out for you to see if others can help.
Customer: replied 8 months ago.

For Jo C


 


How do I get hold of others from here?


 

Expert:  Senior Partner replied 8 months ago.
Thank you for your question. I see the other expert has opted out. It is difficult to comment in detail but I can see why they are saying your defence and counterclaim is not really compliant with rule 16. Your defence and counterclaim are short on facts and contain a lot of opinions and assertions.

For example your counter claim says

"Track It Down reneged on its agreement with Craft Productions to make payments upon invoice for weekly ticket sales.as the key ticket agent for The Pearl festival and The Folkestone Ska Splash which were organised and promoted by Craft Productions, causing extensive cash flow problems and damage to the marketing campaign resulting in loss of earnings, financial damages due to the late stage at which it became clear that they would not honour the agreements with Craft Productions causing the cancelation of The Pearl Festival."


It could just have said:

Under the terms of clause YY the contract dated xxxx the Claimant was required to pay the Defendant weekly for ticket sales. The Claimant made payment late [ on x occasions [set out detail of late payments ] in breach of the contract and the defendant suffered loss and damage as a result.

Accordingly the Defendant claim damages [ to be assessed] .

You could set out detailed particulars of the damage suffered but you need to be clear and precise.

The issues of honesty and motivation are for the court to decide on evidence. If you specifically want to use fraud or dishonesty as a defence you need to set out the detail of the allegation.
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13231
Experience: 30 years experience in business law and related topics such as employment law
Senior Partner and 2 other UK Law Specialists are ready to help you

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