IN THE HEREFORD COUNTY COURT Claim No ZG357766
URSULA TRILLO Claimant/
Part 20 Defendant
BOGGLE GALLERIES LIMITED Defendant/
Part 20 Claimant
DEFENCE AND COUNTERCLAIM
1. Paragraphs 1 and 2 of the Particulars of Claim are admitted.
2. As to paragraph 3 of the Particulars of Claim:
(1) it is admitted that the Defendant orally agreed to accept delivery for a period of I year of all original works of art painted by the Claimant( “the Paintings”) and exhibit them for sale in its gallery.
(2) it is denied that the Defendant would pay the Claimant one half of all sale proceeds received in respect of the Paintings.
(3) it is further denied that the monthly sum of $400 for one year for living expenses and materials paid by the Defendant to the Claimant would be set off against the Claimant’s share of the proceeds of sale.
(4) it is further denied that the Defendant would return all unsold paintings to the Claimant
3. The Defendant agreed to offer the Claimant $400 per month for one year, for her to produce 12 pictures, making clear that the pictures were going to be purchased outright. There was neither any profit share system agreement nor any agreement to return unsold pictures to the Claimant at the end of one year.
3. Paragraphs 4, 5, 6 and 7 of the Particulars of Claim are admitted.
4. The Claimant is required to prove that the Defendant failed to take care of the Watercolours, paragraph 8 of the Particulars of Claim is admitted.
5. Paragraph 9 of the Particulars of claim is denied for the reasons set up in paragraph 3 above.
6. The Claimant is required to prove that the Defendant has unlawfully retained the Paintings and has converted the same to its own use, paragraph 10 of the Particulars of Claim is denied.
7. The Claimant is required to prove the alleged loss and damage and to prove the amount and the causation of that loss and damage.
8. Further or alternatively, if contrary to his Defence the Defendant is held liable to the Claimant, he seeks to set against the Claimant’s claim all or part of the sums counterclaimed below so as to extenguish or reduce his liability to the Claimant.
9. Paragraphs 1 to 8 above are repeated.
10. It was an express term of the Second Agreement that the Claimant would be paid $400 advance per month for one year to produce 12 pictures for the Defendant. The Defendant has never received the 12th picture, though he paid for it $400. The Claimant has neither return the 12th picture nor pay $400 back.
11. Further the Defendant claim interest under section 69 of the County Courts Act 1984 on the sum of $400 at the rate of 8% per year from 20th November 2002 amounting to $ (…..) at (date) and then continuing until judgment or sooner payment at the rate of $2.13 per day.
AND the Defendants counterclaim
(2) Interest under section 69 of the County Courts Act 1984, amounting to ($ ) at (date) and then continuing at a daily rate of $ 2.13.
STATEMENT OF TRUTH