emails. On 6th October 2014 Mr. Chudson emailed the Defendants informing them
that no-one appeared to have made a claim for the Wollwarenhaus Saxonia or the
assets of Moritz Falk and Heinrich, save for the real estate of the department store.
20.
On 20th October 2014, the Claimant emailed the Defendants asking for their help in
pursuing a compensation claim. The Claimant emphasised that the key was to use Mr.
Chudson and Dr. Surner’s expertise in making claims to the JCC. Mr. Chudson, who
had already been in touch with the Defendants, also sent an email to the Defendants
on that date. He informed them that he had found a reference to claims for Heinrich
and for Edith Falk on the JCC web site and several claims that could be “WFS & P”
claims which would go 50% to the heirs of Heinrich and 50% to the heirs of Moritz
Falk. The email ended as follows:
“It is necessary, whether claims are with the Bundesamt or
with the JCC that you, Michael and Nicholas, contact cousin
Tony (the Claimant) to both protect your highest compensation
payment rights with the JCC (if the Siegbert Posener family
have never filed before) as well as with the Bundesamt without
extended delays because of the JCC time limit in December
2014”.
21.
There followed a number of emails between the parties and with Mr. Chudson and Dr.
Surner about the claims and the steps that were going to be taken to take them
forward. One of the steps required was for each of the potential claimants or heirs to
provide a Vollmacht to Mr. Chudson and Dr. Surner. This is usually what happens
and enables them to inspect files that would otherwise be restricted as confidential.
22.
On 11th November 2014, the Claimant emailed a draft contract to the Defendants
inviting them either to approve it or to suggest amendments. No amendments were
suggested. The intention, which had been discussed in earlier correspondence, was
that the Claimant would provide the funds to pay Mr. Chudson and that, if the claims
were successful, these would be repaid out of the compensation moneys, together with
Dr. Surner’s fees, and the balance then distributed with the Claimant receiving 30% of
that balance.
23.
The operative clause in this draft, clause 8, set out the event that would trigger the
obligation to repay Mr. Chudson’s expense and entitle the Claimant to his 30% share.
This was expressed to be in the event that “the JCC makes any Awards for the Claims
to the Posener Property”. I will set out the relevant terms in more detail when I come
to deal with the contract that was actually signed. Shortly after this, the negotiations
fell through, apparently because Mr. Chudson was refusing to undertake the research.
It is an understatement to say that Mr. Chudson’s emails to the Defendants were
“colourful”. They were emotional and offensive and at that stage the deal seemed to
be off.
24.
On 20th November 2014, all this changed when Mr. Chudson sent the parties an email.
It said that he was standing next to Dr. Surner with letters from the JCC and
Bundesamt showing that there was an open claim for Palaisstrasse 15, Dresden
showing Heinrich as the owner. There was also an open claim for Edith Falk, which
her living heir could collect and a series of unresolved claims for Gebr. Posener which