halfcenturyup
Well-Known Member
- Joined
- 12 Oct 2009
- Messages
- 11,950
I couldn't understand your response at first but think I've got it now.
There's a big difference in doing something that's deliberately deceptive and doing something you believe you have good grounds for. It's the difference between acting in bad faith and good faith.
For example, we proved to the comfortable satisfaction of the CAS panel that the Etihad sponsorship wasn't disguised equity investment, as we presented evidence that it had come from a source other than ADUG. So unless the PL has an email or other evidence that specifically contradicts that testimony, they will struggle to prove it. If they do have cogent evidence that there was a conspiracy to lie and mislead the panel, then we would be in serious trouble.
Same for Fordham. We didn't do that to hide expenses but to bring in revenue. I assume we took good legal and financial advice about that, and that we didn't act in deliberate bad faith. But the IC could potentially still find us in breach of something, but not that we acted deceptively.
Fair enough, thanks.