FKI Engineering Ltd & Anor v Dewind Holdings Ltd & Anor

Charles Samek and David Lascelles (instructed by EMW Law) for the Second Defendant Mark Templeman QC (instructed by Davis & Co) for the Claimants ____________________

i) FKI Ltd claims against DWL �1,649,716 pursuant to clause 8.2 of the SSA by way of an indemnity against payments made under various performance bonds and guarantees.

ii) Both Claimants claim against DWG a declaration that neither is liable to DWG in respect of claims asserted against them in draft German proceedings which had not been issued prior to the commencement of the action (the "German Proceedings") in the sum of �57,167,751.

iii) Both Claimants claim against DWG a declaration that, in the event that either should be liable to DWG in respect of the German Proceedings, they would be entitled to repayment from DWG of any sum they might be ordered to pay.

iv) FKI Ltd claims damages from DWL pursuant to the SSA contingent on the disputed liability of the claimant to DWG in respect of the German Proceedings (certainly in so far as that liability arose from a failure to make payment of approximately �25.6million under various capital reserve agreements).