ix.
42.
Following the agreement, the Claimant booked a flight to Israel for that
night. It left at 10.00pm. He departed for the airport at about 6.00pm. He
flew out to Jerusalem that night, arriving the next day (24 th) and expected
to receive the dollars at the first banking day after the holiday period. He
expected to receive the money from the First Defendant who he
understood was travelling out to Jerusalem personally in a few days.
By contrast the First Defendant says:
i.
In December as in October the assistance to be offered to the Trust by the
Claimant was by way of outright donation and not a loan.
ii.
The funds he was soliciting for, were for the general charitable purposes
of the charity in Israel, were unconnected with the purchase or
refurbishment of Craven Park Road, and were not solicited because of
urgent financial crisis or short term credit difficulty. There was no
mention of Craven Park Road at the meeting on the 23rd December.
iii.
The sums to be given were identified by the Claimant and not by the First
Defendant. He merely wrote them down as requested.
iv.
It is not necessarily unusual for donors to give to the charity sums of
money that are expressed otherwise than in round sums.
v.
The idea of a separate donation in dollars was the Claimant’s and his
interest in the exchange rates was probably because he wanted to make his
donation as valuable as possible.
vi.
The £202,407.95 sum was identified during the call to the solicitors and
the Defendant understood that it represented the whole of the balance in
certain business accounts controlled by Claimant. He understood that
both sums came from the accounts of companies although he could not
ascertain which at the meeting as this was broken up when the Claimant’s
assistant and driver arrived to say that he needed to travel.
vii.
The reference in the agreement to a loan, was an associated transaction
where the Claimant had indicated that if he donated to the charity he
might well need a loan at a favourable rate and the First Defendant
undertook to assist him in securing one, particularly using Mr. Fisher.
viii.
The order of events according to the First Defendant was; a discussion,
the call to Mr. Fisher, a telephone call to David Wineman and a
confirmatory fax also sent to Mr. Wineman and then the written
agreement was drawn up and signed.
ix.
The First Defendant stated that the reason why the money in the written
agreement was changed was that the Claimant confirmed to him while the
agreement was being drawn up the precise sums that the solicitor had
transferred.
x.
After the meeting in the office the First Defendant spoke to Mr. Weiss the
Third Defendant, and instructed him to make transfers to Israel.