The trust – my father’s influence

Whether my father believed me to be innocent or guilty is somewhat irrelevant, despite the police and CPS (Criminal Prosecution Service, a government agency) throwing out the case.

What is relevant is the independence of the trustees. If my father told the trustees to screw me, and I have plenty of evidence that they have and did, then the trustees have broken the single most cardinal rule of trusteeship and that is that they must be….

TOTALLY INDEPENDENT

I have proved countless times that they have not been independent,

  • by conjuring up personal unsecured debt as being owed to the trust,
  • By failure of the trust officers, NAMELY CLARE EDWARDS AND ANDREW LUGG, of the corporate trustees to validate these additional amounts by checking to the loan agreement
  • by unilaterally adding to the loan that personal unsecured debt, CONTRARY TO THE LOAN AGREEMENT
  • by ignoring the terms of the signed, witnessed and ratified legal loan agreement, of which I have a copy
  • by implying that there was a repayment date for the loan, which is nowhere to be seen in the signed, witnessed and ratified loan agreement
  • by unilaterally deducting monies from the dividend amount without my permission or agreement
  • by taking my father’s instructions as to paying my brother an extra £545,000 in gross dividends over two years
  • by awarding my brother, Martin William Hender, a loan to buy his new house without ADEQUATE security

 

Paicolex Trust Management AG, as corporate trustees to the Hender Family Settlement, have thus breached:

  • Their fiduciary and legal duty of care to the Hender Family Settlement
  • Their fiduciary and legal duty of care to the beneficiaries of the Hender Family Settlement
  • Their fiduciary and legal duty of care to future beneficiaries of the Hender Family Settlement

Breaches of fiduciary and legal duty of care to the Hender Family Settlement, beneficiaries and future beneficiaries of the same are due to the fact that adequate security was not provided and, if a loan was defaulted upon, that would have significant and serious financial consequences to the financial stability and longevity of the Hender Family Settlement

That is why the notice to remove Paicolex Trust Management AG,  as trustees, is still in force

They have stated that my father has the power to sack, appoint and reappoint any trustee that he care to. This proves, WITHOUT A SHADOW OF DOUBT

  1. That my father is the settlor of the trust, both directly and indirectly

2.  As he is the UK representative of the trust, the trust takes legal responsibility for             any of his actions pertaining to the trust, namely:

  • Decisions arising from meetings with the investment bankers
  • So called advice resulting in unsecured or insufficiently secured loans being granted to any beneficiary
  • “Advice” given the trustees as to the amounts of distributions to all beneficiaries

Furthermore, Berwin Leighton Paisner are also at fault or rather the consultant, Ron Downhill

Ron Downhill is legal and tax advisor to the trustees of the Hender Family Settlement

  1. As legal advisor, no departure from the terms of any legal agreement signed by both trustees/trust officers and beneficiaries could be made without his absolute and written authority
  2. If written authority was not given to the trustees, then the trustees have effected transactions which were/are ultra vires to the performance of their duties and have breached their legal and fiduciary duty of care to the Hender Family Settlement and to its beneficiaries
  3. As tax advisor to the trustees, no letter could be sent to a beneficiary without his written authority
  4. A letter was sent to a beneficiary, stating that the terms of the legal loan agreement were going to be departed from and suggesting an illegal “tax insurance” arrangement, contrary to HMRC’s rules on settlements, with the beneficiary. None of this could have been permitted without the express and written authority of the legal and tax advisor to the Hender Family Settlement
  5. The beneficiary rejected in writing the terms of this letter
  6. The arrangements detailed in the letter were carried out anyway, despite the beneficiary’s rejection of the terms of this new arrangement
  7. This means that either advice was not given, in which case the trustees breached their fiduciary duty of care to the settlement and to the beneficiaries for failure to take legal and tax advice or
  8. The tax and legal advisor of the Hender Family Settlement, namely Ron Downhill, consultant to Berwin Leighton Paisner, breached his duty of care to the Hender Family Settlement and to the beneficiaries of the same by giving illegal and incorrect advice

Both Paicolex Trust Management AG and Ron Downhill are thus liable for all of the breaches listed above. If Ron Downhill was acting for and on behalf of Berwin Leighton Paisner

SIGNIFICANT COMPENSATION IS THUS PAYABLE FROM PAICOLEX TRUST MANAGEMENT AG AND (RON DOWNHILL OR BERWIN LEIGHTON PAISNER,)

AMOUNTING TO £3.0 MILLION IN AGGREGATE (THREE MILLION UK POUNDS)

Paicolex Trust Management AG is outside the influence of all UK regulations but Clare Edwards is a UK registered Solicitor and is thus subject to the laws, rules and conduct of both the Solicitors Regulation Authority and the Law Society, as is:

  • Lisa Mayhew (Managing Partner of Berwin Leighton Paisner)
  • Ron Downhill (Consultant to Berwin Leighton Paisner)
  • Gaby Kaiser (Head of professional risk at Berwin Leighton Paisner)

Submissions will be sent to both the SRA and Law Society to have them all struck off

 

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