Stmt by Independent Directors
Claims Direct PLC
6 August 2001
NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION IN OR INTO THE UNITED STATES,
CANADA, AUSTRALIA, REPUBLIC OF IRELAND OR JAPAN
For Immediate Release
6 August 2001
Claims Direct plc ('Claims Direct' or 'the Company')
Statement by the Independent Directors
In their announcement to shareholders dated 31 July 2001, David Hankinson,
David Hickey, Paul Doona and David Gravell, the Independent Directors of
Claims Direct plc, promised to make a further statement in response to the
announcement of Barker Securities on 31 July 2001 and in respect of the
implications of the judgment by the Court of Appeal in Callery v Gray.
Response to Barker Securities Announcement
In their letter to shareholders of 23 July 2001, the Independent Directors
made it clear that, if the bid was rejected, they would look to reduce the
involvement of Messrs Sullman and Poole in the Company, both as directors and
as shareholders. The Independent Directors now believe that it is imperative
that Messrs Sullman and Poole resign from the Board and that a solution be
found to reduce their shareholdings in the Company as pre-requisites to
addressing the future viability of the Company's business.
With a view to achieving what is now their primary objective, the Independent
Directors have been, and still are, in negotiations with Messrs Sullman and
Poole and a third party in relation to a proposal which would include the
withdrawal of both Messrs Sullman and Poole from any further involvement in
the running of the Company and a reduction in their shareholdings. The
Independent Directors have set a deadline of Wednesday 8 August 2001 to reach
agreement in principle and will be writing to shareholders thereafter. Whilst
the structure of the potential transaction is not finalised, it does not
involve a general offer for the issued share capital of the Company.
On 23 July 2001, the Independent Directors wrote to shareholders and stated
that a number of parties had approached them with regard to some form of
future involvement with the Company. It was pointed out that those discussions
were at an early stage and may or may not lead to any firm proposal. The
Independent Directors regretfully announce that, other than the proposal
referred to above, they are not pursuing any other third party proposals.
Callery v Gray
Insofar as achieving a clear framework within which claims management
companies could operate, the industry was looking to the judgment of the Court
of Appeal in Callery v Gray. As part of the judicial process, Claims Direct
and other claims management organisations made extensive and detailed
representations to Master O'Hare, in the expectation that his specific
conclusions, once endorsed by the Court of Appeal, would for the first time
provide a clear and predictable framework within which the provisions of the
Access to Justice Act 1999 could be implemented.
Although the initial part of the Court of Appeal's decision, given on 17 July
2001, was on balance helpful to the Company, the final part of the Court of
Appeal's judgment, given on 31 July 2001, incorporated little specific
guidance on the level of premium which could be recovered and, instead,
limited itself to stating broad principles only. These principles will require
extensive interpretation as case law is developed over an extended period.
Looked at in isolation, the continuing uncertainties facing the Company
following the Court of Appeal's decisions need not, in the opinion of the
Independent Directors, be insurmountable and would be tackled with vigour and
determination. However, they believe this would only be possible if Messrs
Sullman and Poole were no longer involved with the business.
Enquiries
Claims Direct plc +44 (0) 207 324 8888
Paul Doona, Managing Director
Investec Henderson Crosthwaite
(a division of Investec Bank (UK) Limited)
Jagjit Mundi +44 (0) 207 597 5970
David Currie +44 (0) 207 597 5970
Golin/Harris Ludgate
Robin Hepburn +44 (0) 207 324 8888
Reg Hoare +44 (0) 207 324 8888
Investec Henderson Crosthwaite, a division of Investec Bank (UK) Limited,
which is regulated in the United Kingdom by The Securities and Futures
Authority Limited, is acting for Claims Direct plc and no-one else in
connection with the Offer and will not be responsible to anyone other than
Claims Direct plc for providing the protections afforded to customers of
Investec Henderson Crosthwaite, or for providing advice to any other person in
relation to the Offer.