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Day 9 Tullow Uganda Limited vs Heritage Oil.docx

Day 9 Tullow Uganda Limited vs Heritage Oil.docx

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Published by The New Vision
Day 9 Tullow Uganda Limited vs Heritage Oil case in London
Day 9 Tullow Uganda Limited vs Heritage Oil case in London

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Categories:Types, Business/Law
Published by: The New Vision on Apr 17, 2013
Copyright:Attribution Non-commercial


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Day 9 Tullow Uganda Limited v (1) Heritage Oil & Gas; (2) Heritage Oil Plc26 March 2013Page 1
1 Tuesday, 26 March 20132 (10.30 am)3 Housekeeping4 MR QURESHI: Good morning, my Lord.5 MR JUSTICE BURTON: Yes, any news on the expert position, as6 to what we do? I have seen the claimant's draft.7 MR MOTT: My Lord, as I understand it, we sent -- there was8 discussion on Friday, firstly.9 MR JUSTICE BURTON: You sent a draft, which I read.10 MR MOTT: We sent a draft on Friday.11 MR JUSTICE BURTON: Yes.12 MR MOTT: There was a counterproposal, I suppose, or a tweak 13 on that from the defendants, which I responded to with14 an email summarising how we understand the position to15 be with a suggestion. I think it is that that we are16 waiting for a reply from. So I think the ball is in the17 defendant's court. They can certainly correct me but18 that is my understanding.19 MR QURESHI: My Lord, we will make sure that that matter is20 addressed after the short adjournment.21 MR JUSTICE BURTON: Good, thank you very much.22 MR QURESHI: My Lord, was there any other query which arises23 regrettably on a daily basis which may be directed to24 the ladies behind us? The Ugandan --25 MR JUSTICE BURTON: Oh yes, yes. Yes. What news?
Page 2
1 THE SOLICITOR: Good morning, my Lord, I still have no2 instructions. I checked with the client before coming3 here and that's the status as of today.4 MR MOTT: My Lord, we have considered this overnight and it5 occurred to us, with respect, that given your Lordship's6 understandable reluctance to ask Heritage to7 unilaterally write to the Arbitrators, it occurred to us8 that your Lordship might feel able to write yourself --9 MR JUSTICE BURTON: Myself.10 MR MOTT: -- to the Arbitrators in a way which -- hopefully11 that would not prejudice either party in the12 arbitration.13 MR JUSTICE BURTON: Yes, I think that sounds a very good14 idea.15 MR MOTT: And I respectfully thought I should raise that16 idea for consideration.17 MR JUSTICE BURTON: Yes, what do you feel about that?18 MR QURESHI: My Lord, we are in your Lordship's hands. We19 are somewhat exasperated by the position of the Ugandan20 authorities. I won't say any more, but given the fact21 that they have had representatives in court since the22 beginning of these proceedings, perhaps they ought to be23 given one final opportunity; if your Lordship were to24 give them a deadline of perhaps by close of play25 tomorrow to come back.
Page 3
1 MR JUSTICE BURTON: Why don't I say that I will personally2 write to the Arbitrators unless I hear from them by3 10 o'clock tomorrow morning?4 MR QURESHI: My Lord, yes.5 MR JUSTICE BURTON: Thank you very much.6 MR RICHARD CHARLES INCH (continued)7 Cross-examination by MR QURESHI (continued)8 MR QURESHI: Good morning, Mr Inch.9
A. Good morning.
10 Q. Mr Inch, yesterday early on you were --11 MR JUSTICE BURTON: Perhaps I should say, could the parties12 agree a draft for me to send?13 MR QURESHI: My Lord, yes.14 MR JUSTICE BURTON: Because I don't know where to send it.15 You know. But if I could have a draft ready for 16 10 o'clock tomorrow morning for me to sign which I will17 do.18 MR QURESHI: Of course, my Lord.19 MR JUSTICE BURTON: Thank you very much.20 MR QURESHI: Mr Inch, just to clarify, yesterday I was21 asking you some questions relating to Mr Martin's22 testimony. You recall you had been in court throughout.23
A. Yes.
24 Q. And you had asked to look at the transcripts. I had25 asked you whether you had looked at the transcripts and

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