Lawyer advice and board member resposability.

Thu Oct 25 09:44:41 BST 2018

Nanni,

Sorry if I misunderstood your meaning but you ended your email yesterday with  “Anyone insisting doing this is   possibly  causing   damages to the Board as a whole    he will be held  legally  responsible” which I interpret as a threat.

We all received the draft progress report last Monday and an edited version on Tuesday. Everyone was and is free to comment on it. I was concerned about some of the wording relating to the porter situation and the survey, so I discussed it with Delia and we decided that she should check with the lawyers before issuing it.

We are in fact being very careful and trying to follow legal advice regarding the progress report and, from that, what we can and cannot say at the EGM.

Therefore, it is not clear what exactly you are concerned about which is why I ask you to be specific.

Regarding your latest email, it is true that I am new to the board and may not understand what has happened in the past which is why I consult with fellow board members. I am not aware of doing anything without prior agreement. And perhaps, you can be specific as to how my actions are supporting “an individual or group of individuals”.

It is true that individual board members have some different opinions but all my actions, as far as I am aware, are in accordance with final decisions reached and recorded in the minutes. Please let me know specifics if you believe different and I will modify accordingly.

I have not assumed control of legal matters but agreed with the board to be the “point of call for legal matters”. This does not prevent individuals also communicating with the lawyers in areas for which they are responsible, which is happening now with Delia and also with Yvonne on the porters contract.

Cheers,

Glenn.

From: family at fabris.co.uk [mailto:family at fabris.co.uk] 
Sent: 25 October 2018 07:17
To: Glenn Pereira
Cc: Nanni Fabris
Subject: Re: Lawyer advice and board member resposability.

Glenn,

As usual, you could not have been more spot on!

With reference to your words:

“There are a lot of people working very hard in difficult circumstances and deserve support from fellow board members.”

Mr. Fabris joined the 2 boards on 26 Jan. 2000 and 23rd Apr.2001. Therefore has been in the Boards for almost 20 years. 

He is one of the few original lenders that made possible for all the shareholders to claim today a share of freehold. 

He and recently our family have been living continuously in the building since the building has been built. Never rented.

We know a thing or two about working hard in difficult circumstances and, as you rightly say we “deserve support from fellow board members”.

On August 2018 you have generously accepted our offer to become a director of the management company. We hope you will be able to show us the support we deserve, trusting and respecting the hard work done in the last 20 years.

With reference to being “specific about allegations”, it could not be simpler and obvious.

You jumped on a wagon of a legal action that started a long time before you have been made aware of. The implications are rooted in the last 20 years of building history. At present, you simply do not have all the information required to deal with this matter properly.

Nevertheless, you have repeatedly decided do not follow the advice of fellow directors that know more and better, assuming control of the legal communications. 

It is hardly unexpected that your actions are creating a rift between the board members. 

Accidentally, the same people having a legal contentious with the Boards have been trying to hamper the board`s work undermining the directors' unity.  

Therefore it is a fact, not even an allegation, that at present you are supporting with your actions an individual or group of individuals that our lawyers reputed dishonest.

Happy to discuss the above points if anything requires further clarifications from us or our lawyers. 

Last, but not least. Please, do not refer to us as using the language “If you want to threaten people..”.

"Threat” is a strong word with serious legal implications. It is not what we said and we would never use any kind of offensive language. 

Cheers

Fabris

On 25 Oct 2018, at 00:26, Glenn Pereira <glennpereira at gmail.com> wrote:

Mr Fabris,

If you want to threaten people with legal action, please be specific about your allegations.

There are a lot of people working very hard in difficult circumstances and deserve support from fellow board members.

Cheers,

Glenn Pereira.

From: Nanni Fabris [ <mailto:fabris38 at yahoo.co.uk> mailto:fabris38 at yahoo.co.uk] 
Sent: 24 October 2018 20:20
To: Delia Covezzi; Glenn Pereira
Cc: Peter Rose; Anna Cury; Yvonne and Bernard Mocatta (new Comp; Anthony Stafford; |[ <http://unifrutti-gulf.com/> unifrutti-gulf.com]| Riccardo Covezzi (UFG)
Subject: Lawyer advice and board member resposability.

Dear all,

Re your today emails .

  Until now we dealt with very complicated and difficult matters strictly following our lawyers advice. This is the reason why   up to now  the Board was successful and competent .

I will not agree to do any further steps on any matter  not strictly following our layers' advice.

Nkolika has been clear. There is no point insisting annoyingly on Nkolika in order to make her changing advice. 

This represent not only a waste of time and money but also in this case it goes clearly against the company’s interest.

Any member of this board has to keeping in mind that he is a member of a collective body and not a single private person who can do anything he wants. 

Keeping soliciting a lawyer that has already spoken is preposterous.

Anyone insisting doing this is   possibly  causing   damages to the Board as a whole    he will be held  legally  responsible.

All my best

Nanni Fabris

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