Category Archives: debtor

Scottish Minister sells out England for £££billions!

Scottish Minister sells out England for £££billions!

The Right “Honourable” Danny Alexander, the Scottish Lib Dem, the Chief Secretary to the Treasury in this Coalition Government recently announced that he was binding the British Government to underwrite all of Scotland’s share of the British national debt even if Scotland votes to go independent!

This announcement was greeted by scarsely a squeak of protest from any part of the British Establishment either political, administrative, financial, industrial or media!

This is despite the fact that there is only one part of the United Kingdom for which there are net tax revenues. That part is England and this means that in effect Mr Alexander intends to lump the entirety of the vast debts of the United Kingdom upon the shoulders of English taxpayers!

The only way out for England is of course Independence, to try to ensure that the Government’s much trumpeted term “Rest of the UK” does not include us!

Here is an article about Mr Alexander’s shameless plundering of English pockets to pay to protect the interests of his own countrymen!

What do you think?

England to take on ALL of Scotland’s debts if voters back independence

ByMatt Chorley

The UK will continue to honour Scotland’s huge debts even if it votes for independence, the Treasury said yesterday.

In a surprise intervention, Treasury Chief Secretary Danny Alexander said the move was essential to prevent investors being spooked by the independence referendum and charging a ‘separation surcharge’ for lending to the UK.

It follows concerns over debt being transferred to a newly-independent country with no credit history. The Treasury denied that London was letting Scotland ‘off the hook’.

First Minister Alex Salmond has insisted he will only take on a share of the UK’s debt if an independent Scotland can keep the pound.

It said an independent Scotland would inherit a ‘fair and proportionate’ share of the UK’s £1.4trillion debt and would still be required to pay the money back.

But Scotland’s First Minister Alex Salmond hailed the move as a victory, which he said made a mockery of the Government’s claims that an independent Scotland would be barred from keeping the pound.

Some Tories questioned whether the deal was fair on English voters. MP Philip Davies warned it would fuel resentment about ‘preferential’ treatment for the Scots.

A spokesman insisted the move was designed to provide reassurance to investors looking to buy gilts, or government debt, this year.

It was feared that global investors would turn their back on the UK if there was uncertainty about who would take responsibility for the repaying the debt if Scotland became an independent country.

The Treasury paper published today said: ‘In the event of Scottish independence from the United Kingdom, the continuing UK Government would in all circumstances honour the contractual terms of the debt issued by the UK Government.

Treasury minister Danny Alexander said the move was designed to provide certainty to the bond markets

However gilts sold by the UK would not be transferred, instead an independent Scotland ‘would need to raise funds in order to reimburse the continuing UK for this share’.

Treasury Secretary Danny Alexander, who is an MP in Scotland, said the UK Government’s new position should reassure the financial markets.

‘We want to make sure people who lend us money continue to do so at very low interest rates,’ he told BBC News.

‘Everybody knows that an independent Scotland would be likely to face considerably higher interest rates, less credibility in the international finance markets.

‘What we want to avoid is any sort of idea that the rest of the UK – taxpayers across the whole of the UK, including in Scotland between now and in September – pay any sort of separation surcharge, an extra cost on debt that causes uncertainty in the financial markets.

“But an independent Scotland would still be required to take its fare share of the debt, were Scotland to vote to separate from the rest of the UK.’

The pro-independence campaign seized on the announcement as proof it was setting the agenda and would demand a currency union – allowing Scotland to continue using the pound – in return for accepting a share of the debt.

British ministers have so far refused publicly to ‘pre-negotiate’ terms of independence for Scotland.

But Mr Salmond said the decision by the Treasury shows that UK ministers are coming to terms with ‘reality’.

He added: ‘These documents make clear that we remain prepared to negotiate taking responsibility for financing a fair share of the debts of the UK provided, of course, Scotland secures a fair share of the assets, including the monetary assets.

‘Any market uncertainty in the gilts market has been caused by their own refusal to discuss the terms of independence before the referendum and it is their own insistence that Scotland would be a new state that lands them with the unambiguous legal title to the accumulated debts of the United Kingdom.

‘That position is now beyond argument and today’s announcement makes clear that Scotland would be in an extremely strong negotiating position to secure that fair deal.’

Voters in Scotland will have their say on a referendum on independence on September 18, 2014

He said opponents of independence must end the ‘bluff and bluster’ and ‘listen to the overwhelming majority of the people of England who, polls indicate, see the common sense of sharing a common currency’.

However, UK Chancellor George Osborne has ruled out allowing an independent Scotland to continue using the pound if voters choose to go it alone.

The Scottish Government set out two possible positions on debt sharing in its formal White Paper on independence last November.

It explored the historical balance of public spending and tax since 1980, when figures became available, or a population-based share.

It calculates a historical share of debt interest could be £3.9 billion in 2016-17 or £5.5 billion based on a per head share.

(Click here for the original article >>> http://secured.mailonsunday.co.uk/news/article-2538639/England-ALL-Scotlands-debts-voters-independence-Salmond-asked-fair-share.html)

NICK GRIFFIN’S BANKRUPTCY AND THE EFFECT ON THE BRITISH NATIONAL PARTY’S (BNP) PROSPECTS

NICK GRIFFIN’S BANKRUPTCY AND THE EFFECT ON THE BRITISH NATIONAL PARTY’S (BNP) PROSPECTS

My first reaction on hearing about anybody’s financial ruin, even if I disagree with them politically, is to be willing to lend a sympathetic ear to the reasons why it has happened. In the case of Nick Griffin that initial sympathetic response was reduced when I read his bizarre comments about how helpful bankruptcy was going to be in freeing him up for standing in the EU elections.

This suggests a level of ignorance or silliness beyond what anyone would expect of somebody who studied Law at Cambridge University.

I then also heard stories of how he had run up an enormous bill with his solicitor fighting various, by the sound of it, hopeless cases and then it was being claimed on his behalf by spokesman (Simon Darby) that he had a claim for negligence against these solicitors.

As someone who deals regularly with bankruptcy cases I can assure anyone that it is highly unlikely that a court would have allowed a bankruptcy order to be made if any credible evidence of an even remotely arguable claim against the solicitors was put forward. No, the only conclusion from what is being said is that Nick Griffin has been behaving in a financially irresponsible and downright silly way.

The effect of the bankruptcy should however prove interesting. The first point to note is that I am told that this is Nick Griffin’s second bankruptcy. If so, he will remain bankrupt probably for his whole life as there is no automatic discharge from bankruptcy on your second bankruptcy.

Second, I am told that large sums have been hidden away in accounts and property in amongst other places, Croatia. If that is true and he does not disclose then he could well go to prison because failure to cooperate with your Trustee in Bankruptcy is a serious criminal offence. Whilst he is not automatically disqualified from office or for re-standing for the position of a Member of the European Parliament as a result of his bankruptcy, if he is sentenced to an even suspended term of imprisonment of more than a year, then that does deprive him of office and disqualify him for five years.

Even more interestingly and politically significant is the effect on Nick Griffin’s position as Chairman and Leader of the BNP. The BNP constitution is now quite an enormous morass of strange terms like “final determinator” and runs to over 90 pages.

The general law is that membership of a political party is, in legal terms, equivalent to membership of, for example, a golf club, and the same rules and principles apply to both. It follows that membership of a political party is a “proprietary interest” which along with all other proprietary interests are automatically transferred on bankruptcy from the bankrupt to initially the Official Receiver and then after the creditors have had their meeting to whoever has been appointed as the bankrupt’s Trustee in Bankruptcy.

The job of the Trustee in Bankruptcy is, of course, to gather in as much money as possible for the bankrupt’s estate, sell any properties that he has got and pay himself and the creditors as much as possible.

So one of the “assets” that the Trustee in Bankruptcy will hold is Nick Griffin’s membership of the British National Party. This means that as of this moment Nick Griffin is not a member of the British National Party. He cannot resume his old membership except by buying it from the Trustee in Bankruptcy and unlike most clubs the BNP’s constitution does not expressly provide that membership is either personal to the individual or automatically terminates on bankruptcy. Office within the British National Party would appear to be personal, but is restricted to only those who have long-standing and continuous memberships. It follows from this that Nick Griffin is legally no longer either the Chairman or Leader or the holder of any office whatsoever in the British National Party.

You may ask what Nick Griffin could do to get himself back into the position of legally being Chairman or Leader. The answer to this is that it would be difficult because the BNP has a rule against new members having office. The Chairman has the power to waive the rule, but obviously there is no Chairman at present. It follows from this that the rule would have to be applied and that imposes a probationary period on any new member before they are allowed to become an office holder.

If anybody from the BNP who is reading this has any interest in becoming Leader and/or Chairman of the Party, then the way is wide open. The present situation is that Nick Griffin cannot properly stand for re-election. It will be interesting to see in the coming weeks whether anyone in the BNP takes up this opportunity to take-over the Party!

I have also noticed that on Facebook and generally over the internet there are comments from Adrian Davies who I understand has been involved in some of the cases against Nick Griffin and the BNP that have led to Nick Griffin’s current situation. As a solicitor practicing this area of law I would say that I do thoroughly agree with Adrian Davies’ analysis.

The idea that all of this is in anyway beneficial either for the British National Party or for Nick Griffin is a strange one. Here is what Adrian Davies has to say:-

”How will the creditors get paid? Here’s how. The party’s constitution gives the chairman an indemnity out of party funds for liabilities incurred qua chairman. Obviously the party’s assets cannot be seized to pay his private debts, but the debts due to Gilbert Davies were indisputably incurred while acting as chairman, not for Gri££o’s private purposes.

Upon the chairman’s bankruptcy, the trustee stands in his shoes and can pursue the indemnity whether the bankrupt likes it or not. The bankrupt probably won’t like it, but that is neither here nor there.

Even though an unincorporated association has no legal personality, and is not within any part of the Insolvency Act 1986, the High Court has an inherent power to wind up an unincorporated association; see Re Lead Company’s Workmen’s Fund Society [1904] 2 Ch. 196 and Blake v. Smither (1906) 22 TLR 698. The Court also has the power to appoint a receiver of the BNP’s assets to give effect to the trustee’s indemnity.

Because Gri££in doesn’t pay his own solicitors, he has trouble in obtaining legal advice, and generally relies on an unqualified crony and barrack room lawyer. As a result, he has not anticipated the consequences of his bankruptcy and does not understand them.

No doubt the trustee will exercise these powers. Any person operating “fronts” for the party would be at risk of contempt proceedings, and orders to account to the receiver or liquidator for monies received by them on the party’s behalf. Any person assisting the bankrupt in concealing assets or assisting the treasurer of the party in concealing or dissipating funds will be made personally liable.

The last part should be a warning to any of those who may be foolish enough to hide any assets which are sought after to pay debts owed.
More so as there are two other long running claims coming up, which may be as much as 175k.”