![]() On 4 September 2018, the Claimants issued proceedings. Following this mediation, the parties entered into a Deed of Settlement and a linked Deed of Variation ( “2012 Variation”) in which the Claimants agreed to pay Lancer £30 million, and the Side Letter was revoked and replaced with various new amendments to the 2005 Agreement. The parties agreed to go to mediation on this dispute. In 2012, a dispute arose between the Claimants and Lancer relating to the payment of the capital performance bonus outlined in the Side Letter. In March 2011 the Claimants and Lancer executed a deed of variation ( “2011 Variation”) which included ratifying payments made by Lancer to Becker and other third parties prior to the date of that variation. Dr Al Ahbabi is the beneficial owner of Becker. Part of these additional fees, about £26.48 million between 20, were paid over to a third party, Becker Services Limited (" Becker"). This 2005 Agreement was amended by a side letter signed in April 2006 (the " Side Letter") in which the Claimants, through Dr Al Ahbabi, agreed to an additional " capital performance bonus" to be payable to Lancer as well as additional fees in relation to rental income from the properties and revised fees for the asset and property management. In 2005, the Claimants, through Dr Al Ahbabi, and Lancer entered into an Agreement in which Lancer was appointed to act as asset manager of the portfolio (the " 2005 Agreement"). Lancer was the Claimant's asset management company from 18 November 2005 until September 2016. The Defendants were Lancer Property Asset Management Limited (" Lancer"), along with 4 of its directors and its holding company, Lancer Property Holdings Limited. From 18 November 2005 to 3 September 2015, Dr Mubarak Al Ahbabi (" Dr Al Ahbabi") was the Owner's Representative and held powers of attorney for the Claimants. The Claimants were 24 BVI companies which have a combined English property portfolio of around £5 billion. In a separate claim, Berkeley Square Holdings v Lancer Property Asset Management Ltd 1, the High Court has also provided useful guidance in relation to three other exceptions to the without prejudice rule: the misrepresentation, fraud or undue influence exception the estoppel exception and the controversial Muller 2 exception. There are however certain exceptions to this rule which are, perhaps inevitably, themselves often the subject of dispute.Įarlier this year we reported on a High Court decision analysing one exception to the without prejudice rule, the unambiguous impropriety exception (see our update " When is a statement made "without prejudice" not "without prejudice" ?"). ![]() This gives a party comfort that a statement made without prejudice cannot later be used against it. Twelve Yards is also making Channel 4's new game show, Without Prejudice?, which is to be presented by Liza Tarbuck.The ability for parties to communicate “without prejudice” to try to settle disputes is an important principle in litigation in England and Wales. He quit the BBC early in 2001 after being offered a £1m signing-on fee to go to work with Hat Trick. ![]() The show is being made by Twelve Yards, the independent production company Mr Young set up last year as a joint venture with Hat Trick, which makes Have I Got News for You. It's more psychological than your normal 'think of the answer to the question'-type game show."ĭouble Cross will feature a number of twists, with the five contestants being split up and sent into two different rooms to carry on their discussions at one point, Mr Young said.Ĭhannel 5 has ordered 20 episodes of the 30-minute show, which is expected to go out in the 7pm slot currently occupied by The Chris Moyles Show every night over a four-week period early next year. So if I think someone is full of crap, I'll say that. Mr Mellors, who is a trained psychotherapist, said "My role is to represent what the viewer is thinking. Mr Young has signed up senior advertising executive Tim Mellors, the chairman of Grey London, and former Big Brother psychologist Linda Papoudoplos, to fill these roles. She won the money - but then it turned out she didn't even have a daughter," added Mr Young, who brought The Weakest Link to BBC2 in his previous job as head of BBC light entertainment.ĭouble Cross has no presenter, but will feature two experts commenting on the arguments and ruses used by the contestants to try to win the prize money. "One woman said she needed the money for an operation for her daughter. It's shocking how badly people will behave," said David Young, the show's executive producer. "Double Cross is all about what lengths contestants will go to win money.
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