Kulaksiz 5 v Akfinans Bank | Another Day Another Appearance

WITHOUT PREJUDICE

Another day another appearance.

As always I attended for the court appearance, be it a little later today, at 9.30 am, also as usual after much waiting around, we eventually made our way into Judge Usar’s court just after 11.00 am. Before this the advocates for each side went into Chambers with the Judge to tell him of the the results of their negotiations.

In Court the Judge was told that K5 withdrew their request for him to mediate as the two sides had come to an agreement on what should be struck out of the defence submitted by the Bank.

The Bank’s legal team wanted items ‘struck out’ to be ‘without prejudice’ but the Judge ruled against that which means that struck out evidence from the defence’s arguments will not be allowed to be re-introduced. It also means that no costs were awarded against the Kulaksiz 5, a big sigh of relief from Pauline Read I am sure. We all remember her being shafted for Richard Barclay’s share of the costs in the case they lost in August 2011. The K5’s legal representative explained that although not all that they wanted was ‘struck out’ but they felt that it was not worthwhile wasting more time pursuing it and that it would be better to save time and get on with the main case.

The new date set for the Main Case Hearing is the 28th January 2013 at 10.30 a.m. One hopes that the hearing will start on that date, however the odds against that are probably 80% for, 20% against, not being a betting person, I will wait and see.

I do know that for the two members of Kulaksiz 5 present today, i.e. Mike Watkin-Jones and Pauline Read, both of whom had been ill in the preceding days, it was yet another 2 and one half hours of their lives spent waiting around.

Their grateful thanks go to the supporters who also kept vigil with them.

Anon

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