ED & F Man Commodity Advisers Ltd & Anor v Fluxo-Cane Overseas Ltd & Ors

Mr Paul Downes and Mr Stewart Chirnside (instructed by Clyde & Co) for the claimants Mr Stephen Males QC and Mr Sean Snook (instructed by Middleton Potts) for the defendants Hearing dates: 6, 7 and 8 August 2008 ____________________

i) A first conference call transcript that day begins with a discussion among brokers who were waiting � either in person or via the telephone link - for Mr Garcia and other FCO representatives to arrive, and ends at around 12.30 p.m. when it became clear that they would not arrive until 1 p.m. ("the inter-broker pre-meeting)."

ii) The second conference call transcript ("the initial FCO/broker discussions") began after Mr Garcia and other FCO representatives had arrived. It records a lengthy discussion between Mr Garcia and the brokers, and it ends when the FCO team withdraw to a separate room to enable each side to have private discussions.

iii) The third conference call transcript begins with further discussions among the brokers in the absence of the FCO team ("the mid-meeting inter-broker discussions").

iv) The third conference call transcript continues with the remainder of the discussions after the FCO team returned ("the concluding FCO/broker discussions").