Keeping it simple, in absence of Mr Millinder / The Generator’s, “satisfaction in full ” of entering into a “Connection Agreement” (encompassing the Connection Offer, the Connection Deed and the Middlesbrough FC / Northern Powergrid Agreement), there was no “Entitlement to agreed output” (agreement by the Generator / Mr Millinder to supply power).
In absence of Mr Millinder / The Generator’s, “satisfaction in full of“, both the Connection Agreement and Commissioning of the wind turbine (without a connection, the turbine cannot be commissioned – meaning to have completed construction and connected to the grid so the turbine can commercially operate), there was no agreement to supply power and any “Invoicing & payment” was also contractually prohibited.
The “Start Date” of the Energy Supply Agreement is the date from which the conditions precedent defined above are satisfied. Middlesbrough FC and their corrupt lawyers all knew that they refused the connection, rendering the wind turbine project useless, but they still fraudulently claimed for energy supply they prevented from being supplied, completely evading the terms of the contract they completed, knowing that there was no agreement to supply power.
On 9th January 2017, exactly 24-day before Julian Gill, the lawyer of Womble Bond Dickinson claimed over £4 million for energy supply (increasing from £181,269.89 without a turbine), Ulick Staunton, his own instructed counsel said this on Womble Bond Dickinson’s own headed paper, their note of hearing:
On 9th January 2017 MFC’s barrister admitted in court that no claims could be established for energy supply – 24-days later his lawyer claimed over £4 million for energy supply
“For the purpose of the Energy Supply Agreement, Force Majeure has effect” They all knew, by their own barristers oral admission during the hearing and his written admission in that note of hearing, that their first fraudulent claim of £256,269.89 was non-existent. Womble Bond Dickinson, instructing solicitors then made the third exceeding £4.1 million and the corrupt Insolvency Service used the fraudulent claim, to defraud creditors of the proven damages claim, founded by MFC’s unlawful forfeiture of the Lease.
Middlesbrough FC and their corrupt lawyers withheld 172 pages of witness evidence from that ex-parte case that proved it, including failing whatsoever to disclose that they refused the connection, and that any agreement to supply power under the Energy Supply Agreement was conditional.
Of the first claim used to unlawfully forfeit the Lease, £181,269.89 of the £256,269.89 comprised of a demand for invoices for energy supply that Middlesbrough FC & Womble Bond Dickinson prevented from being supplied. Of the second claim, £541,308.89 (proof of debt used to defraud creditors under the Insolvency Act 1986), £456,308.89 was for energy supply and of the 3rd proof of debt fraudulent claim, over £4,036,874.75 was also for energy supply they prevented from being supplied. The second and third fraudulent claims originated from the first.
The remainder of the fraudulent claims comprised of a demand for £75,000 of rent when, had Middlesbrough FC not refused the connection, preventing Mr Millinder from performing on the rights granted in constructing and operating the turbine, the first installment of rent was not due until 17th September 2015.
After refusing the connection, Middlesbrough FC demanded £256,269.89 and on 19th August 2015, they unlawfully forfeited the Lease after retaining the £200,000 Lease Premium Mr Millinder had paid them so he could operate the turbine. Clearly, they all knew, from 7th February 2015 when they refused the connection that forms a completed collateral contract, Force Majeure applies in favour of Mr Millinder, further suspending the “Start Date” of the Energy Supply Agreement and the 12-month period free of rent.
The position really is that simple, but the corrupt judges of the UK’s injustice system just concealed everything. They must have been paid off by Middlesbrough FC to have done so, there is no other logical explanation for their conduct. Successive corrupt UK judges then certified Mr Millinder’s proven case as “totally without merit”, meaning no more or less than bound to fail, to conceal their fraud.
On 5th February 2018 Nugee J already found that the claims were false
On 5th February 2018, Nugee, the purported High Court Judge and Ms Jones QC, also a deputy High Court Judge said this of the claims:
Nugee J: £541,000 and then 4. —
Ms Jones: Yes, and then 4.1 million.
Nugee J: Yes, I don’t think I know how those sums are made up.
Ms Jones: No, I’m not sure I do either —
(source: page 19: transcript of the hearing 05/02/2018).
Both Jones and Nugee knew, just as Middlesbrough FC and Womble Bond Dickinson did that they were just that, made up fraudulent claims used to keep the asset, proven by virtue of the the fact that Middlesbrough FC unlawfully forfeited the Lease, beyond the reach of Mr Millinder, requisite majority creditor. They all knew that Staunton himself admitted, in Womble Bond Dickinson’s note of hearing ex-parte of 9th January 2017 that “Force Majeure has effect” therefore, they all knew, from that date on but in fact long before, that no money was never owed to Middlesbrough FC. It is only slightly obvious, without a connection, the turbine cannot supply power. They all knew, Middlesbrough FC refused the connection. Throughout the rigged court proceedings, the corrupt judiciary concealed these indisputable facts.