It started on my Brother Laurences (LJF) death in October 2019 where unfortunately Martin (MAF) was a joint Executor. Two weeks later unknown to me he set the wheels in motion for action. However, it may have been the validity of the last and current will. (Note 1). MAF may have been unaware of LJF current Will given the previous Will.

The sole beneficiary of the previous Will left everything to MAF son Mathew Fell. This could only have been achieved when Lauence was ill with Schizophrenia and on heavy medication as was his arguement later on. The Will was done by a solicitor unknown to the rest of the family (and not by the family solicitor GTB). I believe this was in Worcestershire where MAF lived and Mathew Fell living at his parents house or at his own house in Worcestershire.

The latest was split between the brothers and basically followed Intestacy Law. Previously LJF to my knowledge never had a will.

According to Jonathan (JPQF) MAF had been saving up for 10 years. Legal action took place 5 months later to remove me. MAF had delayed any Estate matters time and time again, It eventually came out that he had 13 people working on this at Meridian Solicitors including a barrister plus his staff.

The ultimate goal was obviously to take all the Companies off Timothy (TDSF), me (CJWF) and LJF (LJF shares which were always in Trust). MAF had been excluded from the family companies ever since he purchased a great number of ground rents at cost price around 2000/2001 when mother had cancer and father had a stroke. Assets which father has entrusted him to manage. He was soon asked to leave almost immediately after the ground rent deal (or steal). Thereafter I came back in after 10 years ( 16 April 2002)with my other brothers who were now shareholders in three companies (25% each). This was to even up what MAF has done. Later he excluded from the companies for obvious reasons.

On fathers death MAF went green and looked visibly sick when Fathers Will was read. He must have known before hand and but took it as the ultimate embarresment and insult. He was also not an Executor. He was excluded from the companies. Kept seperate for obvious reasons. FatherDWSF did not trust MAF. MAF on rare occassion he came to the office even threatened father when he was ill. Mother, LMF was there fortunely. She told me never to let MAF in the office - ever.

Of the 13 Properties at Sker Walk one was sold prior to fathers death, It was naturally agreed the remaining 12 were due equally between the remaing 5 brothers on each sale. The first sale was correctly paid (Except LJF share).The following 3 sales MAF kept all the money. It only came to light when the Agent Bigwoods sent us one enquiry in error Not direct to Coolrace,

MAF was in breach of his fiduciary duty. It is theft, embezzlement and fraud against all 4 brothers including LJF Estate This is but one cheque (x4) on 1 sale. This sale took place over 12 months earlier. TDSF confirmed these details in his affidavit on the second later case and this payment was after TDSF affidavit. There are two earlier sales that are still outstanding plus any further sales.

Unwittingly Coolrace via MAF still has our money. In addition it was clearly MAF decision. It was fraud as he even got confirmation from Grove Tompkins solicitors showing we had received the funds. This was false. MAF has unwittigly left s Grove Tompkins out on a limb and shows they are prepared to falsely documents and show inaccurate accounts and statements for MAF. (Just as they did on fathers will).

You may say its de minimis. Why bother - it works both ways but it shows the nature and dishonesty of MAF to stoop so low.

Mr Abrol of Merridian and David Mitchell of No5 Barristers Chambers must have been aware of this and certainly by the second main case. It was also the forunner to a much larger fraud enabled by MAF legal team.

Although my solicitor Martin Oliver (Wright Hassall) and barrister (Edward) had these details as described here they were not used. 'Leave it to us,' 'we know what we are doing - we only need the one thing to knock them out. Sker Walk. They did not even get TDSF to confirm we only received one payment on Sker Walk on 5 sales and Grove Tompkins false statement showed we had. Because of TDSF Statment MAF agreed and admitted he has taken the money. There was no back up plan. The day before Martin Oliver (WH) you can expect to come in for a lot of critism. Sker Walk was considered de-mimimis there was nothing. I had explanationsto counter their arguments and someof their dishonest statements.

Many of the following points were never fully contested by Martin Oliver at Wright Hassall or Edward Roundtree even though he had all the information. I even suggested he obtained an affidavite off TDSF. It never happened. At this case. Looking back MAF and JPQF were out for CJWF and the companies which is evident which becomes very evident in the main case after 'The Defunct Agreement'

CJWF is an accountant with 45 years of Experience. I was the Finance Director when I came back into the companiesin April 2002. Just before DWSF death and went to play golf. DWSF told CJWF he was going to retire, (I don't believe he told anybody else). He also told me I could run the companies anyway I liked. He was happy to do that in the knowledge that I would follow his principles. Which I did. It was up to me to sort any family problems out if they arose which I did. MAF was not happy with this.

Dealing with Mrs M WEST AFFIDAVITE

MW was a long time secretary who left and handed her notice in. After fathers death she has a problem with TDSF who was now effectively her employer as CJWF was. She rarely did anything Tim asked her to do. With me she was fine most of the time. She had handed in her notice several times. It starting coming to a head when she was staring to do the same to me. The final straw was when I asked her to send the books off to the accountant (not once but several times). I went away only to find them in the same place on the floor. She denied I had her to sent them off. She must have passed them a dozen times a day. Jonathan agreed. Tim then had problems again. She handed her notice in and we accepted it. Gave her a generous leaving package. Threated to take us to tribunal so she took, we gave her another £30,000. I might also add that I attended all meeting with the bank after April 2002 and even one in 2001 when I was not with the Companies. It was a similar position prior to 1992 except when DWSF played Golf. Tim used to work at Bigwoods (Bond Wolfe) and we both had good relationships with our solicitors.

When I came back into the business ther accountancy ststem I set up around 1980 was still operating. Being an accountant I found it easy setting up the standard pro former Freehold Ground Rent spread sheet which was still in operation from before I left in 1992. Most people were still operating a manual system.

Her affidavite is dishonest and seriously wrong on a number of accounts.

1. Dishonest, I did not take £2,000 from Petty Cash and father did not get annoyed with me. It must be someone else. I had nothing to do with the buiness in the late 1990's. I was not there. (1992-2002)

2. I was not there in the early 2000's I did not start back until April 2002 when father gave us the 3 companies

3. At that time my wife and I were running a succesful salon and in addition I then had my salary from the companies.

4. It must have been either TDSF or MAF

   5. I also caught MW around this time taking cash books and ledgers home or rather not. Full copies were stuffed in her bag. They were for MAF who was a competitor. As it turned out this had been a regular passing of information. I said why are you passing information to MAF when you know what he did with the companies and father. CJWF phoned MAF I said has MW been winding you up. MAF reply was no it's the other way around.

   (Martin was asked to the Company AGM's after father had died. Dates were arranged round his time table. A date settled on only to find MAF was playing golf or another time watching golf on TV)

JPQF

Between CJWF,TDSF, MAF, JPQF JPQF put himself forward to look after LJF who had schizophrenia. MAF objected and so did TDSF. However they were not in a position as they simply could not look after LJF some of the time and cetainly not on a full time basis. After a year of illness (no thanks to MAFand problems with LJF taking his money from in the Trusts) .LJF and JPQF went to Wales.

Before they went CJWF was asked to be Power of Attorney with JPQF. TDSF was not a sensible choice or MAF who tried to keep LJFin Stratford upon Avon but was not prepared to look after him.

I actually had little to do with LJF finances almost from the start. JPQF had both powers of attorney said he had moved LJF bank to Prestatyn. I said to JPQF he has to keep accounts. He never did 9or at least he never showed. I asked for them regularly. Nothing.

LJF was on £12,000 -£15,000 p.a. Just before and after the market down turn JPQF wanted to sell his 25% shares in the three companies. I also suggested selling half the properties before the fall in the market. TDSF said no. The market in our type of investments went down by up to 40% if you include Costs. and we made a huge almost fatal loss.J QQF litterally chased both TDSF and CJWF round the office. Desperate he wanted to sell them earlier but could not, and the market had now fallen. MAF wanted the shares as well but they first had to be offered to existing shareholders (including shares held by the trust). JPJQF cornerted me in the kitchenette. I said it could not be more than £100,000 and I did not know where that was coming from.

MAF never turned up to a Trust meeting, again arranged roung his Diary. LJF could not have them because MAF never turned up. I suggested LJF could buy JPQF shares personally. LJF was uncertain - CJWF was for, JPQF against. LJF having no shares. It was probably too risky if the companies went bust.

JPQF ended with £108,000 from dividends, £36,000 x 3 plus £36,000 to LJF (I think he was also paid £30,000 an ex=gracia payment).

I sorted some of the better properties out for LJF. At the last minute with a day or two to go JPQF switched the majoirity of properties into his name. He later let it slip he has borrowed the money of a friend for the purchase when LJF has the money. I wanted to see LJF figures and accounts.

JPQF AFFIDAVITE

This affidavite has a host of dishonest statements

I find it dishonest that JPQF has a 'strong suspicion' that I was acting to the detriment of LJF. That theme is repeated throughout JPQf affidavite.

1. Dishonest.LJF was never paid £50,000 p.a. The figure is ridiculous. It was as described above. For a couple of years after father died he got paid a little more knowing what was could be comimg and a large dividend due to JPQF share sale.

2. After the crash in the property market TDSF and CJWF salaries were reduced dramatically to the minimum we had to cash in our pension lump sum.

3. On the £1,000,000 we had to repay to HSBC in 6 months in a falling market we just made it by selling the office to our pension. We wrecked our pensions to save the company.

4. JPQF then has the audacity to say he thinks he was underpaid for his shares after he chased us around the office for months. it was no joke beeing cornered in a Kitchenette being asked consistently what will you give me for my shares.

5. Our Office is not self contained as JPQF and MAF contended. It has a joint reception, corridors, stairs and toilets. Its dishonest to say otherwise. TDSF can confirm this. If the photo shown was closer you would see the sign and bell for upstairs and a shared front door.

6. As for LJF toilet JPQF used to lock the upstairs bathroom especially at night when LJF needed to use it at short notice. LJF had to use the downstairs toilet all the time which was not acceptable at night. The upstairs bathroom was exclusively open to his son and JPQF girl friend who was employed to look after LJF. I told JPQF that it was LJF house and it should be open at all times. JPQF has decided not to put a toilet in LJF bedroom at the start, when the house was revonated due to the cost. My wording regarding a toilet for his room are unrepeatable. It was to the effect that he had not even got a portable toilet in his room

7. Any documents were our copy letters. Not folders, third pary letters and documents, deeds,

8. It was JPQF who controled LJF finances and even took the properties I had selected for LJF. Just as MAF had questioned JPQF having some control over LJF finances I was doing the same all the way through but not even a bank statement was made available.

9. I was called into Penmans at the last minute to be a

10. SEE JPQ DOCUMENTS

JPQF DOCUMENTS

There were another two points arising where the Judge thought I was dishonest. It was during the Pandemic and I was self shielding a week early. from 17 March - hence the inportance of self contained office which it was not. On the 16th March CJWF did drive. (My wife could not drive) the children had to come as well. I never left the car and Anna took all precautions when she returned. The next time I went out was 28 June. I followed the rules, Lock down started started on 23 March. It was JPQF that was encouraging me to go out even days later - he was shopping as normal.

i) From text messages sent. ii) from a facebook post.

i) on the 17 March my text was altered from 'around' to 'out'. I had just mentioned our internet shop was short by a few items. It was taken wrongly that I was out - physically out (at supermarkets) I and my wife have almost dozen shopping apps, each. (Because of my condition 'epilepsy', for which my blood is regulary taken and diabeted and my age). Tesco, Waitrose, Co-Op, Sainsbury, Morrisons, Asda, Alde, Lidl, Marks&Spencer, Ocado. Iceland,(John Lewis. Boots, iHerb, Argos, Amazon,Trolly, BandM s tores). It would be impossible to get around a few if you were phsysically out.

II)The Judges Opinion was in direct conflict with Government Policy. (BBC 11 May 2020) Boris Jonson announced people could go out in the countryside from next wednesday ( i.e. 20 May 2020)

He (Boris Jonson) also said 'more outdoor activity will be allowed in England from this *Wednesday, including unlimited exercise, trips to beauty spots such as beaches and national parks, and sport such as angling, golf and tennis, as long as they are kept to household groups'

(The rules were still in place for offices:However, there will be no change in the advice for those who are shielding and have been asked to stay at home for at least 12 weeks

I had waited for the original 12 weeks. Yet I could have done the same 4 weeks earlier. 28 June 2020

Forest Road and Mossfield Road Ground Rents. LJF was not disadvantaged and the companies lost nothing.(The companies are associated. Shares are held by the same 3 people).

With the 2 properties CJWF purchased. Forest Road and Mossfield Road. On both occasions there were Qualified RICS valuers (unlike MAF and Mathew Fell who are not. The consequences of which may be seen in the fraudulent values they have put on the various companies). Marriage value is only calcu;ated for flats not on houses so a merged value is not revelant. There were two valuers on Forest Road and unbelievably 4 on the other). There was no loss to the Company. Having negotiated the price on the freehold I asked how much they were looking at to sell. The valuer said he would putting it on at X (and expecting look to sell it at the lower Y). So if I offered X then it would be acceptable. It was really a builders lot. The water damage was greater than expected and I would not get a Mortgage. So I parched it up and sold it at auction. As it turned out it was the next door neighbour and unknown to me had originally put in a bid on the property at Y.

On Mossfield Road it was a similar position. The property had not been modernised at all and was in its original condition and in a poor state. If anything I overpaid for the property. I actually paid £58,000 (not £32,000. Martin Oliver Wright Hassall knew I told him. The other £26,000 had already been repaid and had been agreed with TDSF before ) for the freehold (a figure confirmed by a RICS valuers ) and according to JPQF figures I paid £292.500 plus costs. I had agreed a higher figure but items were removed in error so there was a small reduction. MAF figure was £60,000, (which would be on the higher side). So that comes to £350,000 plus costs. Is the correct price. It then required a substancial sum to get into a habital state.

Dennis Fell Companies & MAF

DWSF(Father) and LMF (Mother) made it clear after 2001 that MAF was not allowed in DWSF Office at Fell House. The properties MAF was supposed to look after he took on false information at cost when father and mother were ill. That is the reason for DWSF giving the remaining 4 children some of the companies. CJWF came back into the business after 10 years.

I do not know of the conversations between DWSF and MAF but I do know he was 'asked' (told) to leave. It is a fact that MAF was kept seperate and that is demonstated in the will. He was a competitor. Shortly after DWSF died MAF even told us we could not attend an Auction up North. My reply was how does that help LJF interest? MAF is only interested if it does conflict with him. He is not interested in LJF but to preserve LJF funds for himself.

After DWSF died.

Grove Thompkins acted as if they were the Executors not as advisers to the executors. They produced unauthorised accounts and issued them despite CJWF calls to them. They had not only put items paid by the executors but put that the beneficiaries has paid some equally. Nobody could sign and agree the figures not even MAF.

MAF said to GTB said he would agree them if he got paid out. TDSF went to see him (confirmed in his affidavite on the second case main. From MAF infurrance on this first case he knew nothing about the Executors Accounts after that despite CJWF asking TDSF 3 times to see him. He said he was not interested other than he wanted what was shown on the unauthorised GTB accounts. The discretency was huge and a balancing charge put to TDSF. Sewerage and drainage repairs to the house and other expebditure. The companies were out of pocket. There was only £55,000 coming back from the funds at GTB (they had also taken money with no invoices or approval. We got another£15,000 back from the ombudsman which just about covered the shortfall.

To disagree later with some of the expenses after MAF had put forward the suggestion to keep the house going for LJF and to keep the gardener and cleaner is typical.

MAF did not attend any company meetings (although he must have attended one but I can't remembe that he ever did) although always invited.

He missed Trustees meetings and claimed they were not valid although he had been invited, Refused to pay LJF money in his trusts even after LJF solicitor threatened to sue. That is the reason he resigned