Originally Posted by
Golden Fleece
Proceedings resume with defence counselDonald Findlay QC continuing his cross-examination of solicitor Stuart Mclean
Findlay suggests that when lawyers draw upa contract the words used "reflect their clients intentions" McLean,"Things can change"
Findlay "It moved from £5m to £1,that's a pretty major change"
McLean says if a mistake is made it may bepossible to withdraw from a contract
DF "Surely your job as a lawyer is tomake sure there aren't any mistakes? (don’t you love one solicitor cross examininganother solicitor?)
Findlay: a contract should reflect theviews of both parties "What is the point if both sides lawyers startarguing over what it means?"
McLean "That wouldn't be veryefficient"
McLean agrees he was one of the"principle drafters" of the Share Purchase Agreement.
Findlay asks witness what was meant inagreement when it started "third party funding?"
McLean it's talking about where the fundsare coming from Findlay "What else could it mean?"
Findlay "If you don't want thirdparty funding you don't put it in the contract?"
Findlay "Could you omit references tothird party funders?" McLean "In discussions, yes"
McLean agrees he has heard of "ProjectCharlotte"
Findlay shows what he says is an earlydraft of the Share Purchase Agreement, notes no reference to third partyfunding.. McLean cant recall it
Findlay "When were the words thirdparty funding added?" McLean says he can't recall Findlay "Who wantedthen added?" McLean says he does not think it was him but not sureexactly.
Findlay asks if Third party funding added"you would have asked for an explanation?" McLean "I wouldlikely have asked" Adds he cannot remember getting an explanation.
Findlay "immediately available"means money will be transferred at "first available opportunity?"McLean, "I'm not sure if that's true*
Findlay "If I sign a contract at 6pmon a Friday night, unless I've come from Mars, I know funds won't betransferred until Monday morning" Adds "How much more immediate doyou want?"
McLean "That depends on what theseller wants"
Findlay "Where does it say that theagreement is only completed when £33m is in the buyers bank account?"McLean "I don't recognise figure"
Findlay "By the Monday the bank hadbeen paid off..how much more immediate do you want than that"
Lady Stacey "If you both talk at oncewe can't hear either of you" suggests adjourning for lunch
Court adjourns for lunch Back at 2pm