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This matter came before the Royal Court on a summons issued by the Defendant for an order that the proceedings be discontinued. The grounds for the application were that the parties to the proceedings had reached agreement to that effect.
In each case against the Defendant, and in each case claiming in addition interest and costs.
Following the exchange of pleadings to which reference has been made above, without prejudice negotiations between the parties commenced in September 2009. Subsequently there was an exchange of emails in October 2009, which we set out in full, because it was contended on behalf of the Defendant that these indicated a completed contract which amounts to an agreement to discontinue, on the terms of that contract.
The email of 2nd October 2009 was sent by Mr Geoffrey White, the Chief Executive Officer and Director of Lonrho Plc, which we understand to be the ultimate parent company of the Defendant, to a Mr Steven Baird, representing the Plaintiffs. It is in these terms:-
Firstly I will clarify that our lawyers, DLA, are very confident that any prospects of the joinder of Hayden to our counterclaim being overturned on appeal are very slim indeed.
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