14-3-2019
JANE & DCQC call. CC Gideon
Root & branch appeal
against findings
of law
Say there is duty good faith
But only in so far as ... clauses x 12
So a very narrow application of that duty
Advice
- warm up advocate
Gideon junior
Have to be words of exclusion
- recusal Applic.
- had LN note
Stages: .
1. what does POL want to do?
N
if we want to go ahead who/how
e Judgment 12 Friday
«Open to public. J'ment on-line
3. POL not able to make a decision by 12
tomorrow
4. proper applic’ > Skelly / behind
«hear it himself
If we were to this what is process.
— Grabiner 2 days Tuesday
not Friday / Monday
proper Applic + Skelly - unfairness
attach back to ...
notify CT' in advance Trial 3 facts
risk
Team has to be prepared to go to CofA
Step by step — - documents
- need
* Board call
« Real possibly Board to spk Neuburger —
e Next week
during horizon trial
Tues/Wed
¢ Has to be 1 Pt
next wk
"save as aforesaid there is no duty
of good faith it is excluded ...
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- legal risk perspective
Would need to
tell Freeths
as costs implications
on adjourned H trial
possibility
put them on
notice
ARG
Rob
contact
1. bullet
points
procedure
2. neuberger
call next
week
Tell clerks
2) would need to take to government
Possible outcomes —
Outcomes
e Appeal — "no" — cross judge
recusal appeal — following by CIT appeal inc procedural unfairness
AC_207456246_1
— have to put Judge on
notice too
HOW MUCH NOTICE
ADAY ?
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