amanat claim form

8/7/2019 Amanat Claim Form

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Claim FormIn the High Court of JusticeQueen's Bench Division

Claimant:Oinar Amanat68 Windsor DrivePine Brook, NJ 07058USA

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Claim No.Issue Date

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Defendants:( i) Express Newspapers(2) Northern & Shell PLC(3) Everything Everywhere Limited(4) WENN Limited

Brief details of claim:(A) Damages (including aggravated and special damages) for libel published or caused to be published by the First andFourth Defendant~~ in an article entitled "Twilight Bosses Threaten Legal Action Over 'Impostor '" which was

posted or reproducd on the First Defendant's website on 5th November 20 i 0 at the URL W\\'\v.eXfl!5ss.cQ,J!k.(B) Damages (including aggravated and special damages) for libel published or caused to be publishe by the Secolland FOUlih Defendants in an article entitled "Twilght Bosses Threaten Legal Action Over 'Impostor'" which wasposted or reproduced on the following websites owned or operated by the Second Defendant on 5'1; November2010, namely (1) the OK! magazine website at the URL www.ok.co.uk; (2) the Star magazine websire at the URL~wVv-,-st::-lJgw;ine.cQ,~is, and (3) the New! magazine website at the URL ww.new-magu7.ine,x._l!k.(C) Damages (including aggravated and special damages) for libel published or caused to be published by the Thirdand Fouiih Defendants in an article entitled "Twilght Heads Threaten To Sue 'Impostor'" which was posted orreproduced oll the Orange UK website on 5th November 2010 at the UR l-ttp://web.orange.co.uk.(D) An Injunction to restrain the Defendants, whether by themselves, their offcers, servants or agents, or otherwise

howsoever, from further publishing or causing to be published the same or similar words detmatory of theClaimant. ,-(E) Costs Ass;yned to Master _...~~G-UI......":....-.......Gi....UIVaiue: UnlimiteG

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Defenanl 'sname andadress( i) Express Newspapers(2) Nmihern & Shell PLC(2) Everything Everywhere Limited(3) WENN Limited (See addresses on attachedsheet)

Amount claimedCOUli fee i

f- Solicitor's costs I! Total amount JL-'.__._.____ .

Unlimited 1,930.00

lhc court ftce ai Royal Coiirt~ c,f Justicc, Strand, London WC2A 2LLis open betwecn lOam and 4pm Monday to F~d:iy. When corresponding with thc court, please address forms or letters to the Court Manager and quote th claim number.~ I Claim form (ePR Part 7) (01.01) (Expaiidable) Laserform Jnierndiiona! 3/02c:irr form ds amends 000


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Claim No.

Does, or will, our claim include any issues under the Human Rights Act 1998?cuPaiiiculars of Claim t8 fellew ~~~ , DYes C8 No

rStatei~~;-~f TruthI * The Claimant believes that the tcts stated in this Claim Form are trueI "i am duly authorised by the Claimant to sign this statement

Full naine Kathy MathewsName i\f claimaits soljei)r'-: firm JOhiiSI)l1SI 1li 'I signed _ _________._L*ciai,nants solicitor':-elefe (/." fJppropnate position or otfice held(if signing O!l behalf of finn or company)Johnsons2 i, Arlington StreetLondonSWIA lRNTel +44 (O 2074097404. ,,/ .Fax +44 (0) 20 7629 1225PT/KM/MOOO 1 00 12

Claimant's or daimants solicitor's address to'.vhich documents or payments should be sent ifdifferent from overleaf including (ifappropriate) details ofDX,fax or e-maiL.

claim form ds amends 000 Lascrf,r.. International 09/00


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LIST OF DEFENDANTS' ADDRESSES(1) Express NewspapersTHE NORTHERN & SHELL BUILDING

NUMBER 10 LOWER THAMES STREETLONDONEC3R 6EN

(2) Northern & Shell PLCTHE NORTHERN & SHELL BUILDINGNUMBER 10 LOWER THAMES STREETLONDONEC3R 6EN

(3) Everything Everyhere LimitedHA TFIELD BUSINESS PARKHA TFIELDHERTFORDSHIREALIO 9BW

(4) WENN Limited35 KINGS EXCHANGETILEY ARD ROADKINGS CROSSLONDONN7 9AH


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IN THE HIGH COURT OF JUSTICE Claim No.HQ011DO...QUEEN'S BENCH DIVISIONBET WEE N:-

OMAR AMANA T Claimant

- and-

(1) EXPRESS NEWSPAPERS PLC(2) NORTHERN & SHELL PLC

(3) EVERYTHING EVERYWHERE LIMITED(4) WENN LIMITED Defendants

PARTICULARS OF CLAIM

The Parties1. The Claimant is a successful, well-known American-born global businessman

and entrepreneur with significant business interests in and connections with theUnted Kingdom. Summit Entertainment owns the motion picture rights to themulti-billon pound Twilght Saga franchise. Claimant is a co-founding boardmember of Summit Entertainment's ("Summit"') largest shareholder, PeakGroup Holdings LLC ("Peak"), which purchased 90% of Summit's seniorpreferred Class A Equity during its $1 billon financing in April 2007 and owns50% of its common shares. The Claimant and his Trust provided, or otherwiseraised 50% of Peak's equity, as a result of which he was elected to be amember of Summit's Board of Directors upon its creation as a new studio inApril 2007 until February 2008. At that time, Claimant designated a Director tocontinue to represent his interests on Summit's Board and Claimant's writtenconsent is stil required for that Director to approve any action or vote withrespect to Summit. Moreover, pursuant to the Peak and Summit operatingagreements, Peak has the right to appoint the majority of Summit's Board of


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Directors and all Peak appointed Summit directors ("Class A Directors") haveagreed to cause their Director designees to vote together on all mattersinvolving Summit. Currently 50% of Summit's Board and 100% of the controllngClass A Directors were appointed by Peak. As a result of the Peak, RT -SA "and Summit operating agreements, the Claimant and his Trust have thefollowing contractual powers:

1.1 He can can block substantially all material actions or votes with respect toSummit simply by withholding his written consent. Without all 4 Peakappointed Summit Class A Directors unanimous written consent Summitcannot undertake any of the following important strategic or basic corporatedecisions: a merger, acquisition, joint venture or strategic transaction(involving more than 25% of the shares of the company), any indebtednessor the pre-payment of any debt; any adoption or amendment to the annualoperating budget; any capital expenditure in excess of $200,000; enter intoany employment agreement or amend any existing employment agreementor approve any compensation greater than $25,000; commence any legalaction or any liquidation, dissolution or consolidation.

1 ~2 He has the right to re-join the board of Summit (albeit subject to certainconditions) and continues to own substantial economic interests in Peak viaRT -SA" which directly provided 20% of the equity of Peak;

2. The First Defendant is the commercial publisher of The Daily Express, anational daily newspaper. It also owns and operates a highly popular website onwhich it reproduces material from the hard copy version of this newspaper andwhich is readily accessible to thousands of readers within this jurisdiction via theworldwide internet at the URL www.express.co.uk, ("the First Defendant'swebsite").

3. The Second Defendant is the commercial publisher of a number of popularmagazine titles, including OK!, Star and New! magazines. It also owns andoperates a series of websites on which it reproduces material from each of thehard copy versions of these magazines and which is readily accessible tothousands of readers within this jurisdiction via the worldwide internet at thefollowing URLs: ww.ok.co.uk; www.star-maiazine.co.uk, and ww.new-maiazine.co.uk, ("the Second Defendant's websites").

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4. The Third Defendant owns and operates a popular website on which it postsmaterial of news or entertainment interest under the well-known Orangecorporate brand name, and which is readily accessible to thousands of readerswithin this jurisdiction via the worldwide internet at the URLhttp://web.oranqe.co.uk, ("the Third Defendant's website").

5. The Fourth Defendant carries on business as a provider of news and otherstories to commercial media organisations, in return for financial reward, for thepurposes amongst other things of publication or republication by suchorganisations on their websites.

Website publications6. On 5th November 2010, the First and Fourth Defendants published or caused to

be published on the First Defendant's website an article entitled "TWILIGHTBOSSES THREA TEN LEGAL ACTION OVER 'IMPOSTOR"', which containedthe following words defamatory of and concerning the Claimant ("the ExpressArticle"):

"TWILIGHT BOSSES THREATEN LEGAL ACTION OVER 'IMPOSTOR'"Movie bosses behind the TWILIGHT series have threatened legal actionagainst a businessman who has allegedly been posing as a SummitEntertainment executive and duped cast members into attendingscreeningsThe Executive Vice President of Summit Entertainment, David C Friedman, haswriten to New York-based Omar Amanat threatening to sue if he continues to"misrepresent" that he is "currently affliated with the production company.The letter, obtained by Deadline.com, claims Amanat has screened some of thevampire fims at 'charity' events and talked some of the franchise's stars intomaking appearances.

It reads, "(Summit is) prepared to take action against you for, among otherthings, misrepresenting your authority to screen The Twilight Saga: New Moonat a charity event and misleading cast members into thinking the screening wasa sanctioned event and solicitng their participation in auctioning off a set visitfor The Twilght Saga: Breaking Dawn, which Summit had not ... authorised."The letter goes on to state, "You are not a director of Summit. You are not inany way involved in the management of Summit... Unless you immediately andsatisfactorily confirm that you wil cease all inappropriate misrepresentations,Summit wil have no choice but to pursue appropriate actions against you. "

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7. In its natural and ordinary and/or inferential meaning the Express Article meantand was understood to mean that the Claimant had dishonestly deceived castmembers of the hit fim The Twilght Saga: Breaking Dawn by falsely claiming tobe a Summit Entertainment executive and securing their participation in acharity showing of the fim through the fraudulent pretence that he wasauthorised to do so, or alternatively there were strong grounds to suspect thathe had behaved in this way.

8. On 5th November 2010, the Second and Fourth Defendants published orcaused to be published on the Second Defendant's websites an article entitled"TWILIGHT BOSSES THREA TEN LEGAL ACTION OVER 'IMPOSTOR'",which contained the same words defamatory of and concerning the Claimant asset out in paragraph 6 above ("the Northern and Shell Article").

9. In its natural and ordinary and/or inferential meaning the Northern and ShellArticle meant and was understood to mean that the Claimant had dishonestlydeceived cast members of the hit fim The Twilght Saga: Breaking Dawn byfalsely claiming to be a Summit Entertainment executive and securing theirparticipation in a charity showing of the film through the fraudulent pretence thathe was authorised to do so, or alternatively there were strong grounds tosuspect that he had behaved in this way.

10. On 5th November 2010, the Third and Fourth Defendants published or causedto be published on the Second Defendant's websites an article entitled"TWILIGHT HEADS THREA TEN TO SUE 'IMPOSTOR''', which contained thesame words defamatory of and concerning the Claimant as set out in paragraph6 above ("the Orange Article").

11. In its natural and ordinary and/or inferential meaning the Orange Article meantand was understood to mean that the Claimant had dishonestly deceived castmembers of the hit fim The Twilght Saga: Breaking Dawn by falsely claiming tobe a Summit Entertainment executive and securing their participation in acharity showing of the film through the fraudulent pretence that he wasauthorised to do so, or alternatively there were strong grounds to suspect thathe had behaved in this way.

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Relief Claimed12. As a result of the publications complained of above, the Claimant has been

caused considerable damage to both his professional and personal reputation,and has also suffered considerable hurt, distress and embarrassment.

13. The Claimant wil rely in support of his claim for general and/or aggravateddamages upon the serious and highly damaging nature of the allegationscomplained of which strike at the very heart of the Claimant's core attributes ofhonesty and integrity. Despite their self-evidently serious and damaging nature,the Defendants failed to make any attempt whatsoever to contact the Claimantin order to verify the allegations prior to publication. Without reversing theburden of proof (which squarely lies upon the Defendants in this regard), hadsuch contact been made, the Defendants would have readily discovered thatthe allegations were completely untrue. (Please see letter from Summit asExhibit 1.) As outlined in paragraph 1 above, the allegation that the Claimant isan "imposter" in relation to Summit is utterly absurd.

14. Instead, the Defendants chose to publish them in a sensational manner,provocatively branding the Claimant as an "impostor" as part of the headline forthe story. The Claimant wil also refer to the Defendants' refusal to provide himwith an apology despite having been informed by his solicitors of the nature ofhis complaint, as well as the falsity of the allegations complained of.

15. Further, as a direct result of the publications complained of, the Claimant hassuffered actual financial loss. The best particulars which the Claimant canpresently provide are as follows.

PARTICULARS

(1) Having been in discussion with the Claimant in November, 201 0 followingthe Twilght London Premier, on the referral of Claimant's partner in newlyformed private equity fund, Raine Partners, Ari Emanuel (the ChiefExecutive Offcer of the Wiliam Morris talent agency) and Sir Philp Green,the well-known Bntish entrepreneur, terminated their negotiations regardingthe Claimant providing electronic technology for the collating, counting andquantification of money generated from text message bidding to live

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television talent shows such as X Factor, for which he was due to receive aportion of the profis. The Claimant wil contend that his potential loss islikely to be in the region of 2.5 millon pounds which was the minimumexpected licensing fee from the endeavour.

(2) In November 2010, the Claimant was also in discussions with Hedge Fundsales expert Kevin LoPrimo of Global Prime Partners and Mr. Lo Primo'sdaughter, both of whom he invited to attend the Twilght Eclipse LondonPremier July 1 sI 2010. However, following these publications, Mr LoPrimoterminated his negotiations with the Claimant to bring over his hedge fundclients to the Claimant's financial services firm, which would have broughtover 5 millon pounds per annum to the Claimant.

15. Unless restrained by this Honourable Court, the Defendants wil further publishor cause to be published the words complained of or similar words defamatoryof the Claimant.

AND THE CLAIMANT claims against the Defendants and each of them:(1) Damages, including aggravated and/or special damages, for libeL.

(2) An Injunction restraining the Defendants, whether by themselves, their offcers,servants or agents or otherwise howsoever, from further publishing or causingto be published the same or any similar words defamatory of the Claimant.

DAVID SHERBORNE

STATEMENT OF TRUTHI believe that the facts stated in these Particulars of Claim are true.Signed... .._ .~~ ......... ....

OMAR AMANATServed this day of March 2011 by Johnsons Law Firm, 21 ArlingtonStreet, London SW1A 1RN, Solicitors for the Claimant.

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