Court case last Friday. From ADVFN19 May 2013 20:16
The following key points are from my notes..
LGO barrister: "Further information. Tab 3 CMC bundle. Critical request in 7 & 8.
1. statement 10 July by Dr. Higgs was untrue and misleading
2. or that it became untrue or misleading by 31 July.
(If?) discussion started on 9 July with Genel. Suppose Dr. Higgs then makes a call, negotiations being serious. We say it is dishonest for Dr. Higgs to allow Mr. Ritson to think that there were no negotiations. Was what was said misleading? It is going to be a factual issue. Dr. Higgs has apparently denied that there were serious negotiations at 10 July. I can't understand the defence's resistance in making it clear. The Court needs to understand what MOG's case is. We know there were negotiations. They just don't wat to comply"
Justice Clarke: "Yup"
and then:
MOG barrister: "We admit that MOG were in discussion with Genel on 10 July"
Justice Clarke: "They had begun on 10 July" (said as a question?)
MOG barrister: "We admit that negotiations had begun in earnest on 10 July, para. 12a of the defence. Were in discussion on heads of terms. Serious negotiations between MOG and Genel"
Justice Clarke: "You're saying if the (something)"
MOG barrister: "This case is about the call on 10 July"
LGO barrister: "I'm grateful for the ground that we have made"
Justice Clarke: It's now conceded (that the negotiations were serious)"
LGO barrister: 1. Central to the facts, 2. Essential to facts...(something) to Dr. Higg's state of mind, was he intending to mislead? Suppose the pen was 'hovering on the paper' on 10 July. The trial judge is likely to conclude that Dr. Higgs was trying to put Mr. Ritson off the scent. What was the state of negotiations on 10 July"
Justice Clarke: "How 'serious and earnest' is material"
and:
Justice Clarke: "It is not appropriate to order particulars now. The defence admit that the Farm-out negotiations had begun in earnest, were 'serious', at 10 July. It follows that if the representations were that they were not, they are false. And this would also be taken on, from 10 July. I can see the claimant's point regarding how serious and how earnest, materiality. I don't think it necessary or appropriate to order particulars now. (a) the parties should give disclosure, then (b) witness statements"
LGO barrister: "Two short points on disclosure. (1) search of Mr. Liberini's emails re. 3D seismic data, critical to know what was available. Mr. Liberini is the geoscientist in charge of 3D capture"
Justice Clarke: "Did he give data to Genel?"
LGO barrister: "We don't know"
Justice Clarke: "The records of anyone who was a conduit for analysis"
(Justice Clarke, who is not unfamiliar with oil and gas, then said he didn't want vast quantities of 3D seismic data being present