JOHN CONTI ESQ

KATZ WILL TRUST

NOTE ON PRIVY COUNCIL DECISION

11. Another method of proceeding would be simply to let the whole matter go to full trial and only to argue these points when all the evidence is in. Our Instructing Advocate is in a much better position than we are to realise what further evidence, if any, is likely to be filed and whether there is to be any cross-examination of witnesses. While we do not have conduct of the main litigation and are far less well acquainted with it than our Instructing Advocate, we would respectfully suggest that some thought be given as to whether further evidence be filed and/or Mr Moore be cross-examined as to his state of mind in the period leading up to the execution of the deed of discharge. We note that Lord Browne-Wilkinson did seem to suggest that it was inappropriate to consider the question of breach of fiduciary duty without further evidence.

12. It seems to us, that in view of the fact that the Privy Council obviously thought that the questions of breach of fiduciary duty and their consequence were serious triable issues, that it would now be appropriate to invite the Court, with or without the consent of the Respondent, to dismiss the application to strike out the statement of case against the Respondent, so that the issue would proceed to trial.

24 Old Buildings

Lincoln's Inn

25 April 199

signed by Robert Venables QC and Amanda Hardy