to the expert in the form drafted without the references to authorities. The Defendants therefore had every opportunity to argue for their own instructions. If the questions are not ones that they wanted to then, that is a matter which they could have rectified and chose not to. Any deficiencies in the instructions cannot therefore be blamed on the Claimant. The background facts 5. The parties are descended from German-Jewish business owners whose properties, or the proceeds of those properties and businesses, were confiscated by the Nazi regime during the 1930’s. In the 1950’s schemes were set up to enable those whose property had been confiscated, or their living heirs, to make claims for compensation. At this time, the compensation schemes were operated in West Germany. After unification in 1989, similar schemes were set up for those claiming in East Germany. 6. In 2014 these compensation claims were administered by a federal German agency known as the Bundesamt fur zentrale Dienste und Offene Vermogensfragen (“BADV”). Because so many records of ownership of properties and assets were destroyed in or following the Second World War applicants were required to prove that they were heirs by circumstantial evidence. The BADV scheme was closed to new applicants on 31st December 1992. 7. Claims filed at the BADV are private and confidential and third parties can only obtain access to them by means of a “Vollmacht” or power of attorney granted by the claimant or his heirs. 8. The BADV pays compensation for 3 types of claim: loss of real estate, loss of business assets and confiscation of bank accounts into which proceeds from forced sale of these assets had been deposited. 9. Because so many potential claimants died during the Holocaust, Germany transferred ownership of all unclaimed heirless property to the Conference on Material Claims against Germany, also known as the Jewish Claims Conference (“The JCC”). The JCC listed unclaimed properties and names of original owners. If a claimant proved to be an heir, the JCC would obtain compensation from the BADV for the property. JCC operated 3 separate funds: i) the Good Will Fund, which was expected to pay out some 80% on any admitted claim. Time for making applications under this fund had expired by November 2014; ii) the Late Applicant’s Fund for which final claims had to be made by 31 st December 2014. This would pay out 50% of the claim; iii) the Third Claim Programme which gave no guarantee of the percentage payment to be made. 10. It is common ground that in order to make a claim it was necessary retain a German lawyer. 11. Heinrich Posener was the Defendants’ grandfather, and Siegbert Posener was their father. Heinrich was in partnership with his brother-in-law Moritz Falk (“the