Please help me to get justice
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LATEST UPDATE ON 25-3-2024
Kate McIver Skin refused to pay any money towards the £48,000, as ordered by the High court of appeal. I was left with option but to apply for the winding up order. This order was granted on 19th March 2024 in a Liverpool court. Now I am waiting for the Official Receiver to take over the business in order to close them down for good. I spent around £4000 for this petition but it's necessary, as I am hoping the Officer Receiver will be able to recover some money for me from KMS's business during the winding up process.
In total, I spent around £320,000 to reclaim my invention and stopped KMS from passing off their copycat serums are Elixir. So far I received £8000 for winning the Debarring application from KMS. This has put my business in financial difficulties and completely cleared my life saving and pensions. Not forgetting I have £65,000 loans to repay, money borrowed to continue with this never ending legal battle.
My family is still eating expired food for free and buying food from charities, as well as using little heating despite my son is immune-compromised so needing to be in a warm environment. It's real tough as I am the only person working whilst my husband looks after our son because he requires 24/7 care due to his complex medical and educational needs. Alessio is severely Autistic with severe Learning difficulties and limited speech.
Therefore if you can donate £5, £10, £20 or anything at all, it will be gratefully received to help me to get back on my feet and to grow my business.
Last but not least, if you know of any journalists, please pass this legal history case to them or pass me their details?
Many thanks.
Georgina
LATEST UPDATE ON 25-1-2024
Following our second victory at the High court of appeal on 19-12-23, KMS has been ORDERED to pay us £48,000 court costs by 16-1-24 but we spent £96,000 on this. They didn't pay or reply to our legal team, so winding up petition against KMS have been submitted. Hopefully this will be swiftly completed by court and appoint an administrator to wind up their company quickly.
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Also KMS refused to engage in an earlier court order made in September 23 for the sum of around £7000. They left us with no option but to spend more money to take them back to court to force them to pay us.
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However the biggest outstanding matter is sorting out compensation and the capped court fees award of £50,000 to us by KMS, as they again refused to engage in mediation to settle this out of court. They left us with no option but to take them back to court to deal with this. Totally unreasonable behaviour resulting in us spending more and more money which they can prevent. We spent around £210,000 so far in the lower court for the 1st victory in April 23.
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So far, we spent over £310,000 to reclaim our invention of miracle in a bottle - Elixir aka Secret Weapon from Kate McIver and it's going up day by day due to their extremely unreasonable behaviour.
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We would really appreciate it if you could spread the truth to your family and friends about what Kate McIver Skin did to us, as if they knew the truth, then they definitely won’t be buying their copycat serums based on our Elixir!
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If anyone knows of any journalists who might be interested in my legal battle, please send us their details please?
UPDATE - 24-12-23
On 19-12-23, the High Court of Appeal officially handed down the decision that I won again against Kate McIver Skin and was awarded £48,000. I spent over £95,000 on the appeal so I got less than 50% back. Anyway I am over the moon to win again having won it on 20-4-23 at the Lower Court. The appeal application was submitted by KMS as they can't accept that their fake story is all a lie and want to continue to sell their copied serums as though they are the original Secret Weapon aka Elixir.
Now we wait to receive the £48,000 and then prepare the fight to recover as much as possible the courts costs spent on the Lower Court and compensation having spent nearly £200,000 on it.
Here's the High Court of Appeal judgement:
UPDATE - 7-12-2023
On 29-11-2023 in the High court of appeal, we won against Kate McIver Skin on the Debarring application initiated by us as they breached the Injunction order. Normally applications such as this would cost circa £4000 and be included with the IPEC costs CAP. Judge Hacon departed from the IPEC costs regime on account of the Defendants (KMS) EXTREMELY UNREASONABLE CONDUCT and ordered they pay £8000 within 14 days. Also his honourable Judge Hacon was very generous in giving them a 2nd chance to submit the financial info with supporting documents.
The appeal hearing was heard on 30-11-2023 and we have to wait for the final decision. However, my legal team performed brilliantly on the day.
UPDATE - On 26th September 2023, very pleased that the judge in the Court of Appeal ordered Kate McIver Skin Limited to put £20,000 into court as security to enable them to continue with the appeal instigated by them. Basically I won this application. The judge wrote: "I do not consider that the evidence provided by the Appellant (KMS) is full, frank and unequivocal. The evidence that the appeal will be stifled is little more than an assertion."
5th November - my lawyer have made requests to KMS regarding settlement for the security costs application. We have yet receive any offers of settlement and if this is not forthcoming, we will have no option but to take KMS back to court at my costs, then again trying to reclaim it from KMS.
RE- car - My husband had sold his car yesterday and received £3100 for it which will go towards fighting KMS.
Hi, my name is Georgina, a desperate mum fundraising for the ongoing legal battle against Kate McIver Skin to get justice and protect my family’s livelihood.
My son Alessio was struggling with psoriasis causing his skin to crack, bleed, and also hair loss whilst undergoing chemotherapy due to an auto-immune condition.
After several visits to the dermatologist for his psoriasis and no improvement with steroid creams, I decided to take matters into my own hands. I took courses to learn how to develop skin care.
I made a Shea butter balm to alleviate the psoriasis and after using it for a month, Alessio’s skin was completely clear. This was life-changing for him.
One night I found hair on his pillow which had fallen out. Devastated, I became determined to create the best haircare for my son. As a result, I created the ultra-mild shampoo and conditioner to aid healthy hair growth.
When people saw how good his skin and hair looked, they started asking me what I was using, so I started sharing the products with people who were undergoing chemotherapy treatment. I had not ever considered selling them, I just wanted to help people.
In 2014, I founded my multi-award-winning brand “Yours Naturally Naturally Yours” but this was not the plan. I was just a mum prepared to do anything I could to stop my son from suffering. Chemotherapy can be devastating for people’s skin and hair.
Then, I started learning more about products to improve aging and problematic skin and eventually developed "Elixir" which has since been used by celebrities and white-labelled by beauty salons.
I never dreamt I could create something that would have such an impact on people’s lives. Customers call Elixir a ‘Miracle in a Bottle’ as it restores a youthful look and so many cancer sufferers have commented on how their skin was transformed, and among them, the late Kate McIver.
Kate McIver bought Elixir serum for her own use whilst undergoing chemotherapy. In 2018, she became a white-label customer selling my Elixir (which she called Secret Weapon), so very well that she claimed to create it herself whilst she had chemo and made it in the back room with her very own hands!!!
On 1-12-2018, Kate McIver launched Secret Weapon Ltd Edition after terminating our working relationship with immediate effect the previous day. Soon they announced to bring back the original Secret Weapon, aka Elixir ( they called it Secret Weapon Original), both serums were imitations of Elixir, not the exact composition as only I have the secret formula.
To defend my brand, business and reclaim my invention, I started legal actions against Kate McIver Skin in 2019 and eventually won the 4-year-long legal battle in April this year. Legal history was made, as this is the first case determined by trial of “Reverse Passing Off”.
Judge Hacon wrote in the Judgement: "But while her story of being driven to create a serum to cure her bad skin was presumably attractive from a MARKETING point of view, IT WAS NOT TRUE." (emphasis added)
“The implied published statement as I have found it to be, that Ms Tang did not create the ‘Elixir’ serum, WAS FALSE.” (emphasis added)
“On the evidence available I have no doubt that Ms McIver KNEW that her statement WAS FALSE. Malice is established.” (emphasis added)
The Court ordered anyone of Kate McIver Skin Limited to restrain from:
i. Misrepresenting the First (Secret weapon ltd edition) Pelham (Manufacturer) Reformulation and the Second (Secret weapon original) Reformulation and any other similar product: (a) as the Claimant's "Elixir" product; or (b) as the Tang Formulation
ii. Misrepresenting the Claimant's "Elixir" product as the creation of Ms McIver
Here’s the link to the Lower court judgment:
I almost suffered a nervous breakdown and had many sleepless nights over the 4 years, as I worried sick about losing my business and home. My business is our only livelihood as my husband was made redundant after twenty-five years with the same employer in 2018, totally devastating for him.
Alessio has severe autism, attention deficit disorder, learning difficulties, sensory processing and communication difficulties, as well as complex medical conditions. He is on Anti-Tumour Necrosis Factor treatment for life. I set up this business to provide him a quality life and also to create a legacy fund for his 24/7 hours care, as he requires this for life.
I used up our family life savings fighting this legal battle, money which we saved scrupulously over the years for Alessio’s future care costs and had spent nearly £200,000 on this legal case.
I was over the moon winning the case and thought that was the end of it, so it was a major shock to find out KMS had submitted an appeal against the decision. I worried sick again trying to find money for the appeal, as this legal action has already put a massive financial drain on my business.
The appeal and associated legal costs approximately £90,000. My husband and I have cashed in our pensions, money that was planned to pay off our mortgage. Also, by eating cheaper food we cut the food bill by half. Further, we reduced energy bills by 1/3 by using less lighting and heating. Alessio is helping too by giving up most of his disability benefits and my husband is in the process of selling his car. As a family, we made sacrifices to save money to continue with the fight for justice.
I have to keep fighting because if I stopped I would lose the whole case by default.
Therefore, I am pleading for your donation urgently, £5, £10, £20, £50 or whatever you can to help pay the legal costs, so that I can get justice, reclaim my invention and protect my family’s livelihood.
The appeal hearing is set for 30th November 2023 and we remain confident in winning the appeal.
Here is the link to my result-driven organic skin care products: www.ynny.co.uk
Please help by spreading the TRUTH and share the Gofundme link with others.
My family are eternally grateful for your help.
Please note that no sweepstakes, giveaways, or promotions are offered in exchange for any donations as it's against the rule.
Georgina
Organizer
Georgina Tang
Organizer
England