79. The relevant communications between the parties are all contained in emails. In midJuly 2015 Mr. Chudson had been expecting that the Bundesamt in Berlin would be sending all relevant documents to Dr. Surner in Dresden. At the last minute the Bundesamt said that someone with authority would have to come to Berlin to inspect the documents. Mr. Chudson had arranged to have a vacation in Rome and was unenthusiastic at the prospect of cancelling. There was some email communication between Dr. Surner, Mr. Chudson and the parties about who could go, but it became apparent that it had to be Mr. Chudson. 80. On 12th July 2015 Mr. Chudson emailed the Claimant saying that there was no money in the budget for a trip to Berlin. On 17 th July 2017 the First Defendant emailed Mr. Chudson in order to establish whether it was really necessary for someone to go to Berlin saying “before we invest, I want to know what is in that file, plain and simple. … As you would (sic) us to pay for your time, travel and expenses to retrieve this document, we want Surner to contact the Bundsamt …”. 81. Later that morning Mr. Chudson sent an email to the First Defendant which contained the following: “Either 500 dollars to cover the expenses of this trip to Berlin is advanced now or I must cancel the appointment at the Bundesamt … I am sorry, but Tony and I have invested all we are willing to do without something from you and Nicky”. 82. The First Defendant replied: “Not the arrangement we agreed to but I will contact Tony now”. The Claimant then sent an email to the First Defendant containing these words: “Mike and Nicky, I have advanced over $40,000 for Lee’s research efforts, by far most of them have been for your benefit. I understand his trip to the Bundesamt is the last step in determining if there are any recoveries for you. If you are not willing to risk 1.25% of my advance by advancing the last $500, I have advised that I will not advance another dollar and he should cancel his trip If you do advance the $500 ASAP, I will reduce the amount I collect post expenses from your recoveries dollar for dollar against my advances for your benefit – after repayment of course of your advance. I suggest you make a decision on this immediately”. 83. The First Defendant replied that as the next step (the meeting in Berlin) was directly linked to the Posener claim “I am willing to forward the requested $500.00 USD …. If the $500.00 USD is needed today, then get busy”. 84. Following this email exchange, the First Defendant transferred $500 to Mr. Chudson, who went to Berlin and met the Bundesamt. There is also an email from Mr. Chudson to the First Defendant on 20 th July 2015 stating that the Claimant was also transferring $300 to him to help with his travel expenses. This followed another email of that date from the First Defendant to Mr. Chudson (who had requested further funds) “can cousin Tony assist”. The First Defendant’s only answer when questioned about his email was “It was probably a flippant remark”. In fact the Claimant forwarded