“appear to be for WSF&P” in the JCC records. Whether there were other claims would require further research, but “it appears if they are open Claims, they would be for Heinrich Posener’s portion of the business as Mortiz Falk’s portion of the business was paid out in the 1990’s to the Falk sisters in the opinion of the JCC. The Bundesamt however thinks maybe real estate claims in the old 1991-1992 programme, which is also included in the JCC website as these open claims under the name “gebr. Posenerr Dresden in error”. 25. The email then informed the Defendants and the Claimant that Dr. Surner had filed “a second written application with the Bundesamt to get clarification of what, if any, WSF&P real estate claims are open or can be re-opened”. He concluded by saying that an agreement was now urgent so that a JCC claim could be filed. 26. The Claimant sent an email to the Defendants very shortly after the above, stating that the facts had been cleared up enough to enable them to enter into an agreement “that will assist you obtaining compensation from the JCC or any other German agency/court as a result of Lee’s production of documents and Dr Surner’s services, all financed by me”. 27. The Claimant therefore made some amendments to the previous draft contract and attached it to this email requesting the Defendants to send him their comments on it. The agreement was signed on 22nd November 2014 with no amendments. The Claimant had requested the Defendants to get their signatures notarised, but this didn’t happen. He explained in a subsequent email that if either side later challenged their signatures on the agreement there might be difficulties unless it was witnessed by a notary. The Claimant had been warned by Dr. Surner that Dr. Plagermann had warned him that the First Defendant had given problems in relation to his bill and also that 2 other lawyers had been accused of cheating him by the First Defendant. The First Defendant denied that he had had any dispute with Dr. Plagermann, and there was no direct evidence that he had. This issue must therefore be ignored, but he accepted that he had felt that he had been cheated by the other lawyers, who had been acting for opposing parties and done too good a job. 28. Mr. Chudson claims that he carried out research and obtained documents that supported claims which eventually led to compensation by the BADV. 29. On 23rd December 2014 Dr. Surner filed a claim at the JCC’s Late Application Fund. It is common ground that no compensation was successfully obtained through the JCC. 30. On 23rd March 2015, the BADV declared that it had opened the file for claims in respect of the Dresden store. It was essential to this happening that the Falk cloud was lifted. This was done by the obtaining of a Vollmacht from a Falk heir living in Rio Janeiro, namely Margot Lessor (formerly Falk). This paved the way for obtaining a declaration from the BADV that it had re-opened the file for claims in respect of the Dresden sore. The claim was successful and on 23 rd December 2015 the BADV made an award of 420,475 euros.

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