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1. |
In 2011, Ms Saghi Akhavan brought various claims in
the Isle of Man High Court against Trident Trust (”Trident”). Trident is a corporate services provider
regulated by the Isle of Man Financial Services Authority. Ms Akhavan had all her claims against
Trident dismissed by the Court.
Notwithstanding this, Ms Akhavan continued to make criticisms against
Trident, its officers and staff, the Isle of Man High Court and her own
lawyer, Mr Chris Webb of Quinn Legal, in certain web based blogs. |
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2. |
Ms Akhavan alleged that Trident was negligent in the
administration of her company’s (Sigma Holdings Limited) affairs which caused
her serious physical and psychological harm.
Ms Akhavan’s personal injury claim was struck out by the Court at an
early stage. Ms Akhavan appealed but
her appeal was also dismissed. Ms
Akhavan was ordered to pay Trident’s legal costs in this failed legal action. |
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3. |
Ms Akhavan brought a further action against Trident
seeking damages for alleged negligence in the administration of Sigma. Following a trial at which the Court
received full documentary and oral evidence, all allegations of negligence
against Trident were dismissed. Again
Ms Akhavan was ordered to pay Trident’s costs. The Court concluded that Trident had not
committed any breaches of professional duty in connection with its dealings
with the affairs of Ms Akhavan or her company and made no findings of
wrongdoing against any of Trident’s officers or staff. |
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4. |
In post-trial web based commentary, Ms Akhavan continued
to dispute the outcome of the trial and has characterised the senior officers
and staff at Trident either as incompetent in their actions or dishonest in
the evidence they gave to the Court.
Such allegations have no foundation in fact whatsoever. The Court, on
the crucial issues in dispute between the parties, found that the witnesses
who gave evidence on behalf of Trident were honest, credible, clear and
helpful to the Court. Ms Akhavan’s
post-trial criticisms of Trident’s Mr David Bester and Ms Ann-Marie McCarthy
are entirely unsupported to the findings of the Court. In particular, Ms Akhavan’s post-trial
remarks aimed against Trident’s Mrs Heather Kent (alleged to have prepared a
false corporate resolution) and Mr Barry Short (who, she implies, acted
unprofessionally) and Mr Selwyn Haas are entirely without substance and find
no support from the decision of the Court. |
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5. |
In contrast, the Court found aspects of Ms Akhavan’s
evidence to be unsatisfactory and in post-trial web comments, Ms Akhavan
admits failing to disclose relevant evidence to the Court relating to her out
of court settlement with her U.K. based tax advisers, Dixon Wilson, against
whom she also brought claims to recover alleged losses. |
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6. |
It
is apparent that Ms Akhavan will not accept the Court’s decision which was
made after due judicial process and appears intent upon continuing to attempt
to impugn the name and reputation of Trident, its officers and staff. Ms Akhavan’s refusal and inability to
accept the outcome of this litigation is further evident from the negligence
proceedings she issued against her own lawyers, alleging that that Mr Webb
had negligently advised her and failed to present her claims to the Court
with reasonable skill and care. Again
the Court, following an evidential trial, dismissed Ms Akhavan’s allegations
in these respects. Notwithstanding
such outcome, Ms Akhavan continues to make personal attacks upon the
competence of her own lawyer in her online blogging. |
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7. |
Ms Saghi Akhavan’s remarks against Trident and its
officers in her web based blogs are defamatory. Whilst it is open to Trident to take action
in this respect, Trident believes that the judgments of the Isle of Man Court
speak for themselves and vindicate its dealings with Ms Akhavan and her
company. Trident believes Ms Akhavan’s
actions before, during and after the Isle of Man Court hearings, are in
themselves an indication of her own unsound judgments and shortcomings. |
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8. |
A copy of the judgement of the Court may be viewed at S AKHAVAN / SIGMA HOLDINGS LIMITED |
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