Update from HMS Plymouth Trust lawyer Charles Hattersley - 16 Sept 2014
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Update from HMS Plymouth Trust lawyer Charles Hattersley - 16 Sept 2014
Regret the late report but only had a call from Goghan late in the afternoon on drive back from Southampton - where had to be in Court.
The position is:
Court hearing:
Our lawyer was before the Judge for some time ( about 3 hours ) today explaining the case in detail; he has requested a full translation of the Memorandum and Articles of bot The Warship Preservation Trust Limited and HMS Plymouth Trust Limited before he delivers his judgment.
The papers are/have been translated and will before him tomorrow when he will make his decision to either:
a) Grant a provisional interim injunction as requested; or
b) Grant the injunction subject to certain time limits eg 14 days; or
c) Allow the Yard to submit a defence before re considering the application; or
d) Refuse the request for a provisional injunction.
I wish I could be definitive and advise that (a) will be the result but in truth the matter is finely balanced; however will know by no later than say 1300 UK time tomorrow - probably earlier.
There is little more we can do - it is now a decision for that Judge which is the frustrating - but inevitable - part of the litigation procedure.
Regulatory issues:
The Turkish atomic authority have sent an official to the Yard to inspect the vessel and he is on site now i.e. has been at the yard today;
we should get his report shortly but it has to be assumed that the Yard cannot in the meantime work on the vessel and will be bound by the findings.
The Turkish equivalent environment agency have sent an officer of that government department to check all the licences;
again he is on site and the same points made above apply.
I will attempt to establish when these reports will be available but in meantime is there any chance that our Environmental Minister could discuss this at a high level with his opposite number in Turkey
We need all the pressure possible at this critical stage
The position is:
Court hearing:
Our lawyer was before the Judge for some time ( about 3 hours ) today explaining the case in detail; he has requested a full translation of the Memorandum and Articles of bot The Warship Preservation Trust Limited and HMS Plymouth Trust Limited before he delivers his judgment.
The papers are/have been translated and will before him tomorrow when he will make his decision to either:
a) Grant a provisional interim injunction as requested; or
b) Grant the injunction subject to certain time limits eg 14 days; or
c) Allow the Yard to submit a defence before re considering the application; or
d) Refuse the request for a provisional injunction.
I wish I could be definitive and advise that (a) will be the result but in truth the matter is finely balanced; however will know by no later than say 1300 UK time tomorrow - probably earlier.
There is little more we can do - it is now a decision for that Judge which is the frustrating - but inevitable - part of the litigation procedure.
Regulatory issues:
The Turkish atomic authority have sent an official to the Yard to inspect the vessel and he is on site now i.e. has been at the yard today;
we should get his report shortly but it has to be assumed that the Yard cannot in the meantime work on the vessel and will be bound by the findings.
The Turkish equivalent environment agency have sent an officer of that government department to check all the licences;
again he is on site and the same points made above apply.
I will attempt to establish when these reports will be available but in meantime is there any chance that our Environmental Minister could discuss this at a high level with his opposite number in Turkey
We need all the pressure possible at this critical stage
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