Page 175 - Combined file Solheim
P. 175

URGENT
                                         Note for Marina Faggianato for the round table meeting
                                          Confidential in contemplation of proceedings




                          Mr Balchin advised LPJS to tell the truth as she believed it at the time, and she did so;

                          The ambiguity in LPJS evidence  was consciously left unresolved in the hope that
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                           Judge Todd would compel Mr Solheim to attend as a witness.  Judge Todd did not
                           do this, but accepted that the £500,000 was a gift and (as George Mallet said) “tacitly  Page | 6
                           her asset” ;
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                          After Mr Solheim flounced away  from Nutley Place (and claimed his gifts were loans)
                                                        18
                           LPJS reverted (as she was entitled to do) to the original position that the £500k was a
                           gift. This was her stated Defence from the outset although her then solicitors strongly
                           advised against raising any suspicions of fraud;

                          Anyone who reads the evidence, rather than knee jerks in Mr Solheim’s direction, can
                           see why the gift-loan discrepancy arose and that there is nothing sinister in it. It was,
                           in fact, entirely Mr Solheim’s fault, created because he wanted to disassociate himself
                           from the AIG settlement to deceive KN.

                    9.  JUDGE TODD’S ORDER
                          The Order does not say the £500,000 was a loan that had to be repaid. Only that
                           APMS should remove the block he thought he had placed on it. (In fact, it had been
                           blocked by Mr Solheim from the outset);

                          Marina is wrong in her opinion of the Order. I believe she has accepted this.

                    10. SUGGESTED NEGOTIATING STRATEGY
                          Marina must make her own script for the RTM based on LPJS’s instructions and the
                           documents provided and should not ignore her detrimental reliance claim: so far it has
                           been all one way in Mr Solheim’s favour;

                          She cannot avoid exposing the fraud hypothesis because it is critical to Mr Solheim’s
                           motivation for making the gift. In short, it demonstrates his intention;
                          She should not start with an opening offer to pay Mr Solheim £290k as suggested by
                           HFC;

                          Mr Solheim must brought to understand that he cannot get way with his false claim
                           but be permitted to save face with his fiancé’s family . This should be possible
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                           through a smart and sealed settlement document;

                          Any payment can only be triggered when Nutley Place is sold;

                          If Mr Solheim continues on his present course, he is likely to lose every penny of his
                           insurance compensation and also face prosecution: this is the reality.

                    11. LPJS SHOULD REVIEW MF’S SCRIPT
                          MF has undertaken to prepare a script for the RTM. LPJS should review and approve
                           this no later than 26  July 2020.
                                             th




               Bates Number Bates No175
                         E:\COBASCO CURRENT\LOUS DIVORCE\CURRENT PAPERS\Sigve Solheim litigation\Short note for MF rev1.docx
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