Court action update
CFS COURT CASE UPDATE
Important information
It has been some time since the last posting on the saga so I thought I would give you an update on the current state of affairs relating to my court proceedings against Naunton Pugh t/a Cape Flying Services (Europe). This matter does have and has created an enormous amount of public interest, no more so than by just the shear number of hits on this thread.
A full hearing of this matter took place at Cambridge County Court on 25th March 2004, nearly one year on since my visit to Cape Flying Services in George South Africa to undertake my PPL course.
This hearing was set to last 4 hours and it had taken nearly four hours to just establish who the contract was actually with and after resulting from careful and painstakingly perusal of all documents supplied by Mr Pugh. Bearing in mind that Mr Pugh has argued throughout and vigorously that the contract was not with him but with Gerald Todd in South Africa, that is, Cape Flying Services George CC. Fundamentally and most importantly the judge agreed with me, as I have always said, that the contract was indeed with Mr Pugh t/a Cape Flying Services (Europe) and not with South Africa and issued a “liability” judgment against the defendant.
So what does this mean: quite simply that any breach of contract, damages and costs possibly awarded to me at a later hearing will be borne solely by the defendant, Mr Pugh t/a Cape Flying Services (Europe) and not Cape Flying Services George CC. The details of this case are well documented and needless to say that there is a strong case for him to answer at the forthcoming hearing.
Also this judgment is important as it sets a precedent for all other students who booked their courses through the defendant, being based in Europe, in particular, UK based students and who may feel that they have a case against him that it is not necessary to travel back to South Africa and pursue their case in a South African court but they can pursue him in a European court for redress. It will also serve a warning to himself that he is responsible for ensuring that the services he advertises is in fact provided when he “sub contracts” it to Cape Flying Services George CC, irrespective of his business relationship with South Africa.
I have calculated that I have made at least 8 proposals to settle this matter without any counter offer from the defendant, he has colluded with Gerald Todd, concocted and continues to make serious personal and abusive attacks throughout this case that quite simply strikes at the heart of the integrity or professionalism of both the school and him. These stinging and slanderous comments will be made available to the court in due course to highlight the downright obstructive and venomous attitude. This case did not need to be pursued in the UK courts or in any court for that matter as it should have been dealt with long time ago. Both the defendant and Gerald Todd have forced me into this and I will see it through to its correct conclusion.
I will keep the forum up to date with the outcome.
Thank you,
Sandy Young