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On behalf of the Claimant Statement of Statement No: 1 Made
this 1st day of May 2009 IN THE (XXXXXX) COUNTY COURT CLAIM NO: B E T W E E N: Lloyd Sewell
Claimant
And Patricia Anne Mc Neil Defendants
WITNESS STATEMENT
OF
Beauford Lloyd Sewell
I,
Beauford Lloyd Sewell Director of “Tendering
for Contracts Training Ltd” . of: 23
Elmbridge Road, Cranleigh, Surrey, GU6 8NH. The
matters to which I refer to in the statement are known to me personally;
inclusive with this statement is a bundle of documents I refer to within my
statement. 1. “Tendering
for Contracts Training Ltd” (Claimant) was introduced to the “Ms McNeil” (Defendant)
by email correspondence from a third party “Mark Hayes-Green“ who approached “Tendering for Contracts
Training Ltd” (Claimant) with regard to its
training programme – the third party intended to become a reseller of training programme. Exhibit:
1, 2, 3 2. Negotiation
took place prior to a contract being drawn up , “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil
Ltd” (Claimant ) spoke with Ms McNeil (Defendant
) by telephone and had other communications by email. “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) discussed
his project in detail and “Ms McNeil” (Defendant ) replied that she was an
expert in such projects. Exhibit: 9, 12, 15 3:“McNeil”
(Defendant) subsequently sent detailed curriculum vitae to my “Lloyd Sewell of “Tendering for Contracts
Training Ltd” (Claimant) and on this
evidence further discussion took place between Claimant and Defendant. “Exhibit
11” 3:
“Ms McNeil” (Defendant) subsequently sent “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil
Ltd” (Claimant) a proposal – outlining
how the project would be completed , how long this process would take and what
costs were involved for the whole project.
“Exhibit 5” 4:
“McNeil” ( Defendant’s) proposal stipulated that she was extremely busy and
that if “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil”
(Claimant) was serious about her
doing his project and completing the project on time (3 months), then Claimant
should pay up-front a deposit of 25% of the project costs. Exhibit: 6, 9 5:
“McNeil “ (Defendant) proposal stipulated that at the end of the 1st
phase of the project “McNeil “ (Defendant) would complete certain aspects of
the project and present these to “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant)
and on acceptance of the 1st
phase as complete, Defendant would then proceed to the 2nd phase of
the project. “Exhibit 5, 6” 6:
On completion of the 2nd phase of the project, the project
acceptance process would be repeated – “McNeil “ (Defendant ) would then
proceed with the 3rd stage – and finally after acceptance by “Tendering
for Contracts Training Ltd” (Claimant) Defendant
would proceed to the final stage. Exhibit: 5 7:
“McNeil’s “ (Defendant) fees with the exception of the initial deposit would be
paid on the acceptance by “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant ) of
the relevant stages of the project. Exhibit: 6, 12 8:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) agreed to Mcneils (Defendant)
proposal and sent a cheque by registered post to “Mcneil “ (Defendant) Exhibit
1 9:
Acceptance of the contract and payment of 25% deposit was made on October 15th
2005 McNeil (Defendant) was paid £2875, 00 by cheque, cheque number 100005 “Exhibit 1” as the deposit for the
project as stipulated in Defendant’s contract document dated, 15-Oct-2005. “Exhibit 5” 10:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) confirms that no part of the
proposed project was ever completed by Defendant under the terms of the contract. 11:
Having accepted payment from (Claimant) “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil”,
and send a receipt by email, “Exhibit
6, 7, 12” Defendant subsequently
informed Claimant that she was going into hospital for an operation and at a
later date, “McNeil” (Defendant) further
informed Claimant that she was going to France for a holiday. “Exhibit …” 12:
“ McNeil “ (Defendant) also at about this time requested a meeting with her
associate – this meeting took place at Edinburgh Airport “Exhibit 4” McNeil
(Defendant )introduced her associate as an expert and the person who would
actually do the work – after “McNeil “ ( Defendant ) had designed the project. Exhibit: 13 13:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) requested from Defendant’s
associate - details of his previous projects or similar work done with
references, McNeil “ (Defendant) replied that these would be put in the post. Exhibit: 13 14:
Subsequently “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) received a proposal from Defendant’s associate
with an attached fee of £12,250 for the project. Exhibit: 9 15:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) was dismayed by this proposal
and requested clarification from “McNeil “ (Defendant ) her response replied that she was only doing part of the
project and that her associate was doing the other half. Exhibit: 9, 13 16:
When “Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) demanded her associates provide suitable
references before signing another contract -
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) was told that it would
not be possible – since all the work done by her associate was done under
conditions of “secrecy” and could not be disclosed to third parties. Exhibit: 9 17:
“Access to UK Justice 101 - Intellectual Property Theft 101 by : Dr Phil Blackburn : VJ Amin : Jeff Taylor: Ruth Brothwell : Debasish Sen : Richard Hall : Southampton EIC : Menu Vora: UK Government : Business Support Agencies : Federatrion of Small Business : Patricia Anne McNeil” (Claimant) refused to sign a new contract with
Defendant’s associate and “McNeil” (Defendant) subsequently sent “Tendering for
Contracts Training Ltd” (Claimant) c a letter – terminating the contract – with
immediate effect “Exhibit 10”, Request for return the 25% deposit was refused . STATEMENT OF TRUTH I believe that the facts stated in this witness
statement are true Signed
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