These concerns were highlighted even further when we talked to our solicitors and Counsel who made clear that for us to sign the agreement would be against their advice.
I outlined these concerns and a number of other matters which have come to light since our meeting, during the course of my calls to Andrew and Peter and rather than rehearsing the details again I am pasting in below my attendance note (also attached as a word doc) of the call with Peter, which sets them out.
On concluding the call with Peter I understood the position to be that he would be considering with you all, the points we had raised with a view to coming back to us with a response mindful of the urgency of the matter.
Accordingly we await hearing from you at your earliest convenience. Kind regards
David
David C. Hinde LLB Solicitor
Legal Director
Alliance For Natural Health
Attendance Note
David C. Hinde calling Peter Aldis
c. 5.45 pm Friday 2nd October 2003
DCH calling Peter Aldis (PA) on his mobile at the request of his secretary.
Key Points Discussed
PA wanted to know what was happening. He had heard that "there were now problems and the ANH no longer wished to proceed".
Explaining that that was not the case. We had the money and were able and willing to send it over to Irwin Mitchell's Client Account.
However, as I had indicated to Andrew Lockley on the `phone earlier today, before we would be able to sign the Heads of Agreement certain issues still needed to be ironed out which were as follows:
The Disclosure Point
Our lawyers had looked at the draft Heads of Agreement and had advised us that in its present form we simply could not sign it.
Bottom line, we still know nothing of the precise case NAHS is proposing to advance yet we were going to be handing over most of the money and control of the action.