Re: O2/Be - MEDIA C.A.

T LIMITED (Phase 3)

On 21 May 2010, at 10:08, "Brooke, Ruth" <Ruth.Brooke@bakermckenzie.com> wrote:
Dear Daryl, Many thanks for your agreement to amend paragraph 5 of the order and to offer a solicitors' undertaking for our clients' legal costs. As you are not able to offer an undertaking in respect of O2's internal costs, would your client be willing to agree to an amendment of paragraph 9 of the order to pay interest on late payments. We suggest that an appropriate rate of interest would be the court rate. Best regards, Ruth

From: Daryl Blake [mailto:dblake@acs-law.co.uk] Sent: 20 May 2010 14:57 To: Brooke, Ruth Cc: andrew.crossley@acs-law.co.uk Subject: RE: O2/Be - MEDIA C.A.T LIMITED (Phase 3)

Dear Ruth, Thank you for your recent email of the 19 May 2010 stating your client’s agreement not to oppose our client’s proposed order on the conditions:

1. We (ACS Law) give a solicitors undertaking to, “pay all of O2's costs (legal and internal costs) within the time
specified by the order personally ” ; and

2. To amend the draft Order to give effect to your client’s intentions
Point 2) Our client, Media C.A.T Limited considers the protection of these copyrights of great importance, and is therefore willing to be flexible to accommodate your clients' reasonable requests as we understand to not oppose our client's application their substantive concerns need to be addressed and assuaged. With this in mind please find attached a copy of the draft Order. This has been revised (see paragraph 5) to give effect to your client’s intention of receiving payment for the agreed costs of complying with the previous order before being required to comply with any obligations under the proposed application. Point 1) With regards the first point ACS Law cannot undertake to be responsible for the client’s cost of data provision because the client could dis-instruct us at any time and to be seen to meet those costs would make us be seen as having an interest in the client’s business which we do not. ACS Law will however undertake to withhold monies received from our work in order to cover the cost of your client's data provision and to pay the amount due as required under paragraphs 5 (amended) & 9 of the draft Order and ACS Law will not release money allocated to your clients’ to our client Media C.A.T Limited. Andrew has also instructed me to reassert his undertaking at our recent meeting on the 12 May 2010 at your offices, that we will agree as a professional courtesy to meet the legal costs incurred by Baker and McKenzie. Our client has already filed an application for a hearing date for our proposed order. We would therefore appreciate it if you would kindly obtain your client’s instructions on whether they will now be willing, in light of the revisions we have made to the Draft Order, to agree not to oppose the proposed order with all haste. I look forward to hearing from you soon. Many regards, Daryl Blake File Sharing Team ACS Law Solicitors 20 Hanover Square London W1S 1JY tel 020 7193 2493 mob 07941 662213

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Re: O2/Be - MEDIA C.A.T LIMITED (Phase 3)
fax DX 020 7990 9099 44643 Mayfair

====================== ACS Law Solicitors is regulated by the Solicitors Regulation Authority. Service of proceedings by e-mail is not accepted.This e-mail is confidential and may well be legally privileged. If you have received this mail in error, we put you on notice of its status, please notify us immediately by reply e-mail and then delete this message from your system.Please do not copy it or use it for any purposes, or disclose its contents to any other person; to do so could be a breach of confidence. Thank you for your co-operation. If you have any queries please contact us on 020 7193 2493. ACS Law Solicitors is the trading style of Andrew J. Crossley, Sole Principal -----Original Message----From: Brooke, Ruth [mailto:Ruth.Brooke@bakermckenzie.com] Sent: 19 May 2010 19:49 To: Daryl Blake; Allgrove, Ben Cc: andrew.crossley@acs-law.co.uk Subject: O2/Be - MEDIA C.A.T LIMITED (Phase 3) Dear Daryl, We have now received instructions from our clients in relation to this matter. Our clients would be willing not to oppose the order on the condition that ACS gives a solicitors' undertaking to pay all of O2's costs (legal and internal costs) within the time specified by the order. We have already quantified O2's internal costs for this order on the basis of O2's costs per search. Therefore O2's internal costs are not unpredictable in this case. Given ACS's relationship with Media C.A.T, it is more appropriate that ACS bears the credit risk in relation to the disclosure exercise than O2/Be. We request that the standard form of order sought in all future cases provides that O2/Be shall not be obliged to disclose personal data until all outstanding invoices in respect of reasonable costs have been paid. We suggest that paragraph 2 is amended as follows: 2. The date for disclosure of personal data, as regards all Respondents, shall be within a reasonable period of time, save that Respondents [ ] and [ ] shall not be obliged to disclose any personal data until all reasonable costs invoiced by them to the Applicant under this and previous orders have been paid. Please let us know whether you agree. Best regards, Ruth

Ruth Brooke Associate Intellectual Property Department Baker & McKenzie LLP 100 New Bridge Street London EC4V 6JA Direct: + 44 20 7919 1021 Tel: + 44 20 7919 1000 Fax: + 44 20 7919 1999

From: Daryl Blake [mailto:dblake@acs-law.co.uk] Sent: 18 May 2010 10:24 To: Brooke, Ruth; Allgrove, Ben Cc: andrew.crossley@acs-law.co.uk Subject: RE: MEDIA C.A.T LIMITED (Phase 3)

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Re: O2/Be - MEDIA C.A.T LIMITED (Phase 3)
Dear Ruth, I hope you are well. Further to our meeting of last week Wednesday 12 May, our client has now filed their application and we are awaiting a hearing date for the proposed order (Media C.A.T Limited [Phase 3]). Could you therefore kindly inform us if you have been able to obtain your client’s instructions on whether they will now be willing, in light of the representations we made on our client’s behalf at the recent meeting, to agree not to oppose the proposed order. I look forward to hearing from you soon. Kind regards, Daryl Blake File Sharing Team ACS Law Solicitors 20 Hanover Square London W1S 1JY tel 020 7193 2493 mob 07941 662213 fax 020 7990 9099 DX 44643 Mayfair ====================== ACS Law Solicitors is regulated by the Solicitors Regulation Authority. Service of proceedings by e-mail is not accepted.This e-mail is confidential and may well be legally privileged. If you have received this mail in error, we put you on notice of its status, please notify us immediately by reply e-mail and then delete this message from your system.Please do not copy it or use it for any purposes, or disclose its contents to any other person; to do so could be a breach of confidence. Thank you for your co-operation. If you have any queries please contact us on 020 7193 2493. ACS Law Solicitors is the trading style of Andrew J. Crossley, Sole Principal

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