“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.