- PRESS RELEASE
16th November 2017
World Drift GP (UK) Ltd, Drift World GP Ltd and the World Drift GP group of companies cease trading following speculative litigation.
In February 2017, it was resolved unanimously by the Directors of World Drift GP (UK) Ltd and the World Drift GP group of companies, Niall Gunn and Dr Nick Lockett, that following failures to obtain sponsorship, World Drift GP (UK) Ltd and other World Drift GP group of companies would not operate in 2017 and would remain dormant. Accordingly all authority of the Directors to enter into contracts on behalf of World Drift GP (UK) Ltd and other World Drift GP group of companies was revoked. No Director of any of those companies has been appointed Managing Director or C.E.O..
Mr Niall Gunn then sought permission to operate his own personal Drift championship under the names Drift-GP & Drift GP international for 2017 and from drift-gp.com. The World Drift GP (UK) Ltd and other World Drift GP group of companies considered that there was no conflict with this.
With the consent of Tri-Ace, the only sponsor for the 2017 Championship, their sponsorship was assigned to Drift-GP.com.
At that stage it was hoped that World Drift GP (UK) Ltd and other World Drift GP group of companies would obtain sponsorship for 2018 and operate during 2018, whilst hope remains for sponsorship, this is unlikely.
Motorsport2.com provides mailing addresses and registered office services at 59 Broomfield Avenue, London N13 4JR for World Drift GP (UK) Ltd, Drift World GP Ltd and other World Drift GP group of companies and for numerous other companies and racing drivers. Mailbox services were provided to Mr Gunn from 1st February 2017 to 1st June 2017. (See Mr Gunn’s current address below).
On or about 1st June 2017, World Drift GP (UK) Ltd and other World Drift GP group of companies became aware that Mr Niall Gunn, as well as trading as Drift-GP and Drift-GP International and Drift-GP.com was also operating under the name World Drift GP Ltd. In fact, No such company exists. The law states that if a contract is entered into with a non-existent company (a pre-incorporation company) then the promoter (i.e. the person with whom you are actually dealing with) is liable. As a result Mr Gunn was required to resign immediately (1st June 2017) from World Drift GP (UK) Ltd and other World Drift GP group of companies because of the breach of undertaking not to trade using a similar name to World Drift GP (UK) Ltd and other World Drift GP group of companies.
Niall Gunn trading as Drift GP ran numerous events in 2017, but in relation to certain other suppliers Drift GP has failed to clear debts. World Drift GP (UK) Ltd has become aware that Niall Gunn has traded with at least 3 entities using the trading name of this pre-incorporation company World Drift GP Ltd.
World Drift GP (UK) Ltd has received Counsel’s advice that Mr Gunn and only Mr Gunn is liable under these contracts. These 3 parties have not been paid by Mr Gunn as at today’s date.
At least 3 of these entities decided to sue World Drift GP (UK) Ltd despite issuing invoices for World Drift GP Ltd (*pre-incorporation) (and in the case of one of them a statutory demand in the name of World Drift GP ltd). All these cases have been withdrawn.
Audit trails and communications being with Niall@Drift-GP.com (his personal email) rather than Niall.Gunn@WorldDriftGP.com and invoices issued in the name of the pre-incorporation company were deemed definitive.
It is the position of World Drift GP (UK) Ltd that these actions are vexatious however the actions have made the position of World Drift GP (UK) Ltd untenable and World Drift GP (UK) Ltd has ceased trading and is in the process of being struck off by Companies House.
- Edmonton County Court, London, 15th November 2017
One Claimant having issued proceedings against Defendants World Drift GP (UK) Ltd and Dr Nick Lockett, accepted that there was no case against World Drift GP (UK) Ltd or its Director Nick Lockett and at Edmonton County Court, London withdrew its case against World Drift GP (UK) Ltd and Dr Nick Lockett. The Judge commented that the case against Dr Nick Lockett could never have succeeded in any event, even if the contract was with World Drift GP (UK) Ltd.
The invoices issued in the name of World Drift GP Ltd were definitive – a result of contracts with World Drift GP Ltd (pre-incorporation) – and therefore were contracts personally with Niall Gunn.
The Claimant was ordered to pay the costs of World Drift GP (UK) Ltd and Dr Nick Lockett. The Judge commented that World Drift GP Ltd was clearly a pre-incorporation entity of Niall Gunn although the case having been withdrawn, he no longer had to formally rule on this.
By concession, having warned in a letter to the Claimant that it faced costs of £7,000 for strike out, and despite costs of £12,800 being incurred, World Drift GP (UK) Ltd and Dr Nick Lockett agreed to limit (as a matter of goodwill) their costs to the pre-warned costs of £7,000. A concession that the Judge Cohen D.J. stated was a gift horse, being prepared to award considerably higher costs. (World Drift GP (UK) Ltd and Dr Nick Lockett were represented by ADL Solicitors Ltd).
Those seeking to contact Mr Gunn should contact him via his last known address of
(Trading as Drift-GP.com, Drift GP International, Drift-GP and World Drift GP Ltd*),
John Manderville Square No 2,
and the registered address for Drift-GP.com being
Niall Gunn, 73 cumbrian way, High Wycombe, Bucks HP13 5RZ
Press Release Ends
29 Nov 2017