Cable Forum - View Single Post - Have you received a letter from Davenport Lyons or ACS?

lymmranger · 19-04-2011, 14:38

The case is now online here -
http://www.bailii.org/ew/cases/EWPCC/2011/10.html

it makes very interesting reading!

I particularly liked this bit -

71. Mr Tritton advanced his case on the Notices as one of unreasonable conduct and that is how I have addressed it. However it seems to me to be right to take into account the fact that the improper revenue sharing arrangements meant that Mr Crossley himself had a direct financial interest in continuing the letter writing campaign. As I found in my previous judgment (paragraph 99) Mr Crossley/ ACS:Law had a very real interest in avoiding judicial scrutiny of the cause of action because of the revenues from the letter writing campaign. In my judgment the combination of Mr Crossley's revenue sharing arrangements and his service of the Notices of Discontinuance serves to illustrate the dangers of such a revenue sharing arrangement and has, prima facie, brought the legal profession into disrepute. It may be better placed under the revenue sharing heading in this judgment but it is, prima facie, improper conduct in any event.

The SDT will love that!

- How can they possibly fail to act now, you could argue that this will effect the case with the DLtwo as well

(just going to my GP now for some ointment - my ribs are really hurting now)

19-04-2011, 14:38	#832
lymmranger Inactive Join Date: Feb 2009 Posts: 92	Re: Have you received a letter from Davenport Lyons or ACS? The case is now online here - http://www.bailii.org/ew/cases/EWPCC/2011/10.html it makes very interesting reading! I particularly liked this bit - 71. Mr Tritton advanced his case on the Notices as one of unreasonable conduct and that is how I have addressed it. However it seems to me to be right to take into account the fact that the improper revenue sharing arrangements meant that Mr Crossley himself had a direct financial interest in continuing the letter writing campaign. As I found in my previous judgment (paragraph 99) Mr Crossley/ ACS:Law had a very real interest in avoiding judicial scrutiny of the cause of action because of the revenues from the letter writing campaign. In my judgment the combination of Mr Crossley's revenue sharing arrangements and his service of the Notices of Discontinuance serves to illustrate the dangers of such a revenue sharing arrangement and has, prima facie, brought the legal profession into disrepute. It may be better placed under the revenue sharing heading in this judgment but it is, prima facie, improper conduct in any event. The SDT will love that! - How can they possibly fail to act now, you could argue that this will effect the case with the DLtwo as well (just going to my GP now for some ointment - my ribs are really hurting now)