Dear Chris,
Here is a summary of the meetings that took place between Michael Shine and Frank Warren:
4/11/2011 – this was the first meeting. It took place at the Langham Hotel London and was attended by Frank Warren, Peter Abbey, Michael Shine and Alon
Shine. The meeting was convened after repayments of the loans had not occurred on prior dates indicated. Warren explained that the funds that had accumulated out of the boxing match held on 21 May 2011 (attended by Alon Shine and his wife Ella as Warren’s
guests) had been seized by VAT on account of VAT liabilities. Warren assured Michael that he would be making all active arrangements to repay the debt and he personally shook Michael’s hand in the presence of the other two participants stating that he was
a man of his word and that the debt to Michael would be fully repaid. This came over as a personal commitment from Warren to Michael.
5/11/2011 – this was a chance very brief encounter with Warren at the offices of Peter Abbey on Wimpole Street, London W1. Michael and Alon had come to
meet with Abbey regarding the investments Michael had made with Abbey and whilst waiting in the corridor of Abbey’s offices, Warren came out of a meeting he had been having with Abbey and again with spontaneity and at his initiative gave Michael his hand and
said “I repeat what I said to you yesterday. I will ensure that you are fully repaid”. This was in the presence of Alon.
13/12/2011 – this meeting again took place at the Langham Hotel between Michael, Warren and Abbey. Warren again confirmed that he was busy making arrangements
to repay the debt to Michael and asked for Michael’s continued patience. Michael confirmed that he would give him this extra opportunity.
20/12/2012 – this meeting took place at the Landmark Hotel, Marylebone Road, again between Michael, Warren and Abbey. It was very near Christmas and Michael
bought Warren a bottle of Champaign. Warren again apologised for the continued delay in repayment of the loans and assured Michael that he was taking all possible steps to raise the funds with the assistance of Abbey and Abbey confirmed the same. Michael again
agreed to a further deferral.
3/5/2013 – meeting again at the Langham between Michael, Warren and Abbey. Warren revealed that he was in active negotiations for a takeover/merger/joint
venture with Sky and Abbey corroborated the same since he was actively navigating the negotiations. It was a complicated, complex and tortuous transaction which would take time, but Warren was very confident and optimistic that this would release to him substantial
funds and he would then be able to service Michael’s debt. Michael again agreed to this extension.
6/11/2013 – meeting again at the Langham between Michael, Warren and Abbey. Further confirmation from Warren that the Sky negotiations were active but
still continuing. Further assurance from Warren that the debt would be repaid to Michael and on the back of this Michael again agreed an extension.
25/11/2015 – This was the last occasion when Michael met with Warren together with Abbey, which took place in the loft meeting room at The Langham. The
meeting was extremely brief since Warren was an hour late and Michael had to rush to the airport to fly back to Israel. In the 5 minutes or so that the parties sat together Warren again confirmed that everything was being done to repay the debt. At this time,
Michael had actively warned Abbey that he was on course to enforce Abbey’s debt to him which was likely to result in Abbey’s bankruptcy. Warren was aware of this and said he wanted to prevent this happening.
As events turned out, Warren never maintained contact with Michael after this last meeting and Abbey failed to make good on his liabilities to Michael.
Michael then commenced proceedings against Abbey, who is about to be declared bankrupt in the high court. Michael sent a letter before action to Warren which has resulted in the current mediation proceedings.
The above recollection of discussions at the meetings, and specifically the extended repayment deadlines, is corroborated (although not proven) by the
emails from Abbey talking about repayment on 21/22 July 2012, and if anything, the limitation date should be much later than this, as the parties agreed at the meetings in 2013 that Warren would be given even further extended repayment deadlines. Warren will
know that what Michael says above is true and and that Abbey can attest to the same. There was obvious consideration being forbearance from Michael’s side giving Warren further time to pay.
We hope this is helpful to you in putting together a robust response.
Kind regards
Trevor
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Trevor Silverman
Advocate
Also Admitted England & Wales
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Tel: +972-9-9531953 | Fax: 972-9-9531954
11 Hasadnaot St. | Herzliya Pituach | Sea View Building
P.O.B: 2053 | ZIP: 4612001, Israel
http://www.shinelaw.com
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Dear Michael
Thank you for this proposed letter which I have had a chance to read. I was re-reading back earlier emails and note that Mr Smith had indicated he was
receptive to communications directed to him so I don't think there is anything inappropriate in sending this.
It would be sensible to mark the letter "Private and confidential to addressee (Mr Quentin Smith) - without prejudice and purely for the purpose of the
mediation".
As for its content, I think it's very well-written, if I may say so, avoids undue legalease and gets over the history and your perspective on the matter
well. Maybe it would be best though to delay sending it until we have a draft position statement and considered the content of the bundle further (I aim to do this next week) - that way, if any refinement is needed to the letter before sending, we can do so
so. I think best to convey these thoughts in a single missive to avoid confusion.
I will also take this opportunity to respond to Trevor's email sent at 2.19 pm yesterday about the meetings and the feeling that there was an agreement
to extend the loan repayment date. I agree this is very much "the line to take" if they start raising questions of limitation but all I would say, by way of frank advice, is that there is obviously a question as to whether extensions, brokered through the
agency of Mr Abbey or even personally with Frank Warren, are,as a matter of law, "agreements" to exend the time for repayment and to cease time running for limitation purposes. I do see that for the mediation we want to be taking a robust approach and saying
a limitation defence is off the table in the light of, to take one example, the email about the payment deadline being extended to 21/22 July 2012 but there are lots of interesting legal points about whether that would constitute an agreement/whether consideration
has been given (I will send by email paras 22-032-039 of Chitty which dwells on these points).
It seems to me, factually, that we would be best off if Michael were to seek to provide further detail of what was precisely said at the various meetings
with Warren so that we could, if possible, try to characterise the content of those discussions as "agreements". It seems to me that focussing on what Warren said/did is more important than what Abbey relayed back as we don't need to consider questions of
agency etc.
Therefore, my advice remains that it would be sensible to put together a document attaching all the emails surrouding the extensions of time/discusisons
about repayment and dealing with what was orally said. That can at present just be for our benefit and so that I can "work up" if possible a good line to take on limitation, if the other side raise it; but it may also be that we would then consider putting
some of this material into a document to have ready if limitation comes up. As previously discussed, the issue has not yet been taken so I am conscious that it would not be in our interests to raise it but we need to be ready with a robust response if it
comes up.
Best wishes
Chris
Christopher Mann
Barrister
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Dear Chris,
I have prepared my own letter which I would like to send to the Mediator, following his invitation for either party to write to him separately. I just want him
to have my perspective of which this is about, hoping that it will persuade him to adopt the same perspective. I have set it all out in my own language, and although it is mainly repetitive of what you will be presenting, it is less formal in a sense and
hopefully will have some impact.
I would very much appreciate your casting your eye on this in case there is something untoward from your standpoint.
If there is not I intend sending it without delay. I await hearing from you at your convenience.
Best regards
Michael
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Michael Shine
Advocate, Founder and Senior Partner
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Tel: +972-9-9531953 | Fax: 972-9-9531954
11 Hasadnaot St. | Herzliya Pituach | Sea View Building
P.O.B: 2053 | ZIP: 4612001, Israel
http://www.shinelaw.com
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