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Timothy Young Q.C. & Paul Downes (instructed by Clyde & Co.) for the Claimants Stephen Males Q.C. (instructed by Hill Dickinson LLP) for the Defendants Hearing dates: 23, 25, 26 & 30 November & 3 December 2009 ____________________
Both witnesses were well qualified in the field of risk management. There was much common ground. Indeed this increased during the trial. But on the crucial issues of controversy, I felt strongly that the evidence of Dr. Fitzgerald was to be preferred for the reasons set out later in this judgment.
ii) that from the point of view of paying margin calls the critical level was 12 cents.
iii) given the likely impact of purchases on the market it was best as Mr Garcia saw it to be at "the front of the queue" in liquidating the FCO position.
ii) Can MCA rely ex post facto on other provisions in the Customer Agreement as justifying the liquidation?
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Common Room
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