(1) HARLEQUIN PROPERTY (SVG) LIMITED (2) HARLEQUIN HOTELS AND RESORTS LIMITED. -and- WILKINS KENNEDY (A FIRM)

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1 Defendant T Stapleton 10 th Exhibit TGS11 18 January 2017 IN THE HIGH COURT OF JUSTICE Claim No. HT QUEEN S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT BETWEEN: (1) HARLEQUIN PROPERTY (SVG) LIMITED (2) HARLEQUIN HOTELS AND RESORTS LIMITED Claimants -and- WILKINS KENNEDY (A FIRM) TENTH WITNESS STATEMENT OF THOMAS STAPLETON Defendant I, Thomas Stapleton, of 25 Fenchurch Avenue, London, EC3M 5AD will say as follows: 1 INTRODUCTION 1.1 I am a solicitor and a partner of Kennedys Law LLP ( Kennedys ), the firm of solicitors which has conduct of the defence of the Claim on behalf of the equity partners in the Defendant firm at the material time ( WK ). References to we and us are to Kennedys. 1.2 The facts and matters set out in this statement are, save where otherwise stated, from my own knowledge and true. Where matters are not within my own knowledge, they are true to the best of my knowledge, information and belief and I will set out the source of such information and belief. 1.3 There is now produced and shown to me the documents marked Exhibit TGS11. By way of example, a reference to [TGS11-1] is to the numbered page 1 of that exhibit. Page 1 of 5

2 1.4 The purpose of this witness statement is to update the Court as to the present status of WK s application to the Court of Appeal for permission to appeal and for a stay, and it will form part or all of the evidence of WK in the event that any application for, or consideration of the possibility of, the release of the monies paid into Court by WK on 13 January 2017 is made and/or heard before the Court of Appeal has ruled on the stay application. 2 BACKGROUND 2.1 On 10 January 2017, WK issued an application to the Court of Appeal for permission to appeal [TGS11-1]. The application was therefore made before the deadline of 13 January 2017 provided by paragraph 13 of the Order of Mr Justice Coulson dated 12 December 2016 (the Order ) [TGS11-17]. 2.2 On 13 January 2017, WK paid 10,540, into the Court Funds Office pursuant to paragraphs 5 and 9 of the Order in respect of the Judgment Sum and the interim payment as to costs. 2.3 At the same time as making its application for permission to appeal, WK also applied for a stay of execution of the Judgment Sum and the order to pay 2 million on account of costs. 2.4 In that regard, I note that on 13 January 2017, Mr Mark Brodrick of the Civil Appeals Office wrote an to the parties stating that WK s applications had been referred to Lord Justice Jackson, and that subject to other judicial commitments his Lordship is aiming to determine WK s applications by 27 January 2017 [TGS11-21]. 2.5 In summary, WK s application for a stay of execution was made on the basis that Harlequin Property (SVG) Limited ( Harlequin ) is insolvent and it is likely that any funds paid out to Harlequin or its insolvency practitioners would be quickly dissipated through being applied to Harlequin s and/or the insolvency practitioner s costs, and/or to satisfy (at least in part) Harlequin s very substantial debts and/or for other purposes. 2.6 Further, for the reasons set out in my Ninth Witness Statement (which has been lodged at the Court of Appeal), in the event that WK s appeal is successful I believe it is very unlikely that WK would make any (or any meaningful) recovery of the sums which it has paid into Court following the determination of its appeal if a stay is not granted. 2.7 On 13 January 2017, at the invitation of the Court of Appeal, Harlequin lodged its observations in relation to WK s application for a stay of execution [TGS11-22]. While Harlequin accepts there is a substantial risk that, if a stay is refused and WK s appeal ultimately succeeds, any money paid to Harlequin will not be repaid to WK, Harlequin opposes the stay on the following bases (in summary): The chances of WK s appeal succeeding are said to be low. Page 2 of 5

3 2.7.2 Harlequin s legal team (ELS Legal LLP, Nicholas Davidson QC and Hefin Rees QC) claim priority over Harlequin s other creditors in respect of 3,409, said to be payable under the applicable Damages Based Agreements, and ELS Legal LLP (together with ELS Law Limited, although that company has never been on the record for the Claimants) have made an interim application for and been granted a charge under section 73 of the Solicitors Act Harlequin s funders/insurers also claim priority over Harlequin s other creditors, in respect of litigation funding costs of 4,838, The balance of the funds paid by WK into the Court Funds Office (being 2,276,877.13) is required by Harlequin s interim receiver, KPMG in Saint Vincent and the Grenadines, including to fund the Buccament Bay resort s running costs and pay an electricity bill incurred by a related company of c. 450, In addition, on 13 January 2017, we and ELS Legal LLP on behalf of Harlequin received an from Mr Gareth Fatchett of Waterside Legal LLP [TGS11-35], a solicitor who I am aware acts for certain investors in various Harlequin resorts. The was copied to Ms Virginia Cooper of Bevan Brittan LLP, who I am aware acts for the Financial Services Compensation Scheme, which has compensated a significant number of investors in Harlequin resorts. The states that Waterside Legal LLP s clients are considering applying to court for the appointment of a provisional liquidator to protect the monies paid into the Court Funds Office by WK. 3 CONCLUSION 3.1 Paragraph 14 of the Order provides that execution of the Judgment Sum, interim costs order and further costs order shall be stayed until the next hearing in this matter after 13 January I understand that the parties Counsel s clerks have liaised and that a hearing is listed before Mr Justice Coulson for 2 hours on Friday 10 February 2017 to address any application by Harlequin. 3.3 Whilst WK should have protection over the sums paid into Court pending the next hearing date for the reasons set out in the preceding two paragraphs, there remains the possibility that an application could be made prior to that hearing date for the release of money from the Court Funds Office, or before the Court of Appeal has determined WK s application for a stay of execution. 3.4 In that event, I would respectfully request the Court to continue to stay execution of the Judgment sum, interim payment on account of costs and the further costs order, by means of making an order in particular that the funds that WK has paid into the account of the Court Funds Office should be held in the Court Funds Office, pending determination of WK s application for Page 3 of 5

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5 Defendant T Stapleton 10 th Exhibit TGS11 18 January 2017 IN THE HIGH COURT OF JUSTICE Claim No. HT QUEEN S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT BETWEEN: (1) HARLEQUIN PROPERTY (SVG) LIMITED (2) HARLEQUIN HOTELS AND RESORTS LIMITED Claimants -and- WILKINS KENNEDY (A FIRM) TENTH WITNESS STATEMENT OF THOMAS STAPLETON Defendant Kennedys Law LLP 25 Fenchurch Avenue London EC3M 5AD Ref: 1B/TGS/R (TGS) Tel: +44 (0) Fax: +44 (0) Solicitors for the Defendant Page 5 of 5