So do tell us about the 'statement of facts' produced for the court case - I didn't even know one existed. Share it all with us.
And last time I checked the judge threw out BOTH SISU's counterclaim and the original claim from Higgs. In which case both sides put forward this 'selective and unchallenged' piece that was equally dismissed.
At no point have I used the statement of facts as 'evidence'.
But how can you deny in said document that meetings and correspondence took place if there is minutes or letters/emails that were exchanged? Yes we have yet to see the Council's version of events - which we will see in JR. Meetings and dialogue did take place between parties. That is not fiction. Emails were exchanged, letters were sent, draft heads of terms were agreed then not followed through.
I fail to see anything that was said in there that is not correct as it only stipulates events, times and dates. The opening paragraphs are the only part that has any opinion in - which is their application reasons. Everything else is a chronological sequence of events.
It's an unchallenged document, created by one side, SISU - to support a court case. Like I say, if you think there's evidence in there then point to the specific thing that proves your assertion. I'm not denying anything, the 'facts' that you mention have been chosen by one side and obviously (to me at least) probably do not represent
all of the facts. The troubling thing about legal documents is that they tend to only mention the 'facts' that support their side's argument.
HoTs aren't necessarily binding contracts. The HoT between SISU and Higgs, for example, failed because the sides couldn't come to a final agreement.
To come to your argument, the 'event' here was that a HoT was signed but not progressed. If you couldn't be bothered to read the court transcripts, you might take the opinion that it failed because Higgs didn't really ever want to sell or that the council vetoed the deal (or that they entered into a "secret and perverse plan" to use the actual words in the skeleton argument). That was broadly what SISU argued in their counterclaim, but funnily enough that wasn't exactly what the court found despite the 'facts' therein. So as it turns out, a skeleton argument from just one side turns out not be the most reliable source of facts or interpretation of events.
Per your request, SISU's (SISU v Higgs) skeleton argument is around to view - I think there generally has to be one for every court case of this nature. I've got it as a pdf, but it's too big to upload, I just tried. If you dig around the forum I'm sure you'll find a link to it - it's where I will have got it.
Edit: Found it. There you go:
http://www.skybluestalk.co.uk/threads/43908-Higgs-v-SISU-Court-Document?highlight=sisu+higgs