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18-3-2019
Tom Beezer notes
Lord Grabiner QC conf’
@ OEC 18 March 2019
2pm — 3.20pm
AGQC
DCQC
Gideon C
- Draft J'ment
- notes
- Agree Neuberger view
- Procedural structure:
- procedure presupposes no arg’ by way
appeal. relationship contracts.
20+ implied terms
danger — serious errors
want to go to CT' appeal
BUT 2" contract underway
Findings impact 2" Trial
Really poor case management
«Case mgnt' barking
* Supposed to be Trial CIT
To determine what contract was
AND implied terms — if any
BUT what he has done >
trespassed into matters for later
stages.
not been able to restrain himself
from straying into later matters.
Finding breaches
Finding facts
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Judge investigates these extra matters
despite strike out applic’.
Judge regards extra stuff as relevant he is
investigating. Gone too far.
Judge reaches conclusions w/o POL
evidence.
Judge take leave of senses
Judge forming facts & concluded views
in this mind.
won't be able to shift him from concluded
views. Will be tied to Judgment 1.
is a dogs breakfast
But now sequence of trials
- But have to ask him to recuse
Strong advice to do it = recuse
Strong arguments to support complaint
you have to do it.
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1) recusal
2) Adjourn current trial
3) permission CofA
Recusal to be done deal urgency
APPEAL:
Implied term analysis is rubbish
shocking
"relational" contract = codswallop
implication of good faith is developing
but gone too far
BIG important issues
- First point recusal + adjournment
application.
- make ASAP. But prepare.
- Gideon doing schedule:
- what CIT issues are
- Implied terms
Then how J'ment proceeded — how
matters in J'ment by topic went beyond
into later trial areas. (Breach/damages)
Then quotes which reveal concluded
view on POL behaviour.
List it all out.
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Jane:
Appeal on law
recusal. Hugely sensitive.
Sensitive given our ownership.
UKGI will not be involved in
overseeing BEIS — Greg Clarke
UKG Investment holds the shares
— They have oversight of POL
POL has been criticised - harsh & oppressive
Number of time
Board worried that look aggressive.
If don't take action will lose.
AGQC
- Board has no choice
- Strong view right course action
- Ithink you have a strong case.
- Ido think serious prospect of success
Judge has done unbelievable nonsense
Judge has apparent bias
Have no choice
Appeal on law w/o recusal goes back
to him. Hopeless.
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David Neuberger has a v. clear view.
Board has to do what it has to do. Has:
no choice.
of Board of 8 2 are conflicted
- Ken McCall SiD
- Carla Audit
- Chief oo Lloyds
we will proceed on basis will prepare.
must get on with it.
Confident success CofA
On going trial — so urgent matter.
JANE
Inst' =» prepare on basis will go.
Need to get Board over line.
Call today.
Sch B meet next Monday.
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Send DCQC version PDF
* DCQC
If no recusal — appeal on law
Court may ask why not ask recusal
DCQC
Real issue is decisions in Horizon trial
are happening now — expert view —
has to decide between — once done
we are stuck with that for all time
for a breach trial.
So if not seek recusal H trial
rolls on. w/o recusal CofA
not urgent — so H trial
finishes and we are stuck with
facts found.
Lord G:
- reputable lawyers say get on with it
do duty to company.
They have obligation to get on with it.
Apparent bias — not actual bias
seems he has reached a concluded view
AGQC — apt no choice. Got v. case to make
applic.
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If I thought 50/50 would say so.
he has gone v. badly wrong
business must get on with it. have to do it.
no choice
Stand up be counted.
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