Jimenez v. Wise: the transcript

I have now received the full transcript of the case between Tony Jimenez and Dennis Wise which was heard before Miss Penelope Reid sitting as a Deputy Judge in the Chancery Division. The outcome was that Jimenez had to pay Wise the £500,000 he claimed plus interest.

The transcript runs to 28 pages and some of this is concerned with reviewing relevant precedents. As the judge notes, 'The history of this process has been somewhat tortuous, with each side changing the way in which their case has been put on a number of occasions.'

As far as Wise is concerned, the judge states, 'He was subjected to a long and sometimes aggressive cross examination but nevertheless came across as a truthful witness and in the main I accept his evidence. Of course much of his case is supported by the documents.'

The judge notes that as far as the investment in the Les Bordes golf course development which was at the heart of the case, 'the manner in which [Mr Jimenez]has explained the investment has varied from time to time.' In paragraph 28, the judge states, 'His explanations for these conflicting positions during the course of his oral evidence were unconvincing and at times impossible to follow ... it was only when incontrovertible evidence from the HFIX disclosure was produced that Mr Jimenez appears to have considered that he should change tack and provide some evidence that the money received from CDI had been invested.' In paragraph 50, she states 'Mr Jiminez has been guilty of considerable obfuscation in this litigation concerning the monies paid to him.' She concludes her review of his evidence by stating, 'Accordingly I have treated the evidence of Mr Jimenez with extreme caution.'

The transcript notes that Mr Jimenez is 'co-owner of Charlton Athletic Football club and therefore involved in the football world.' Interestingly, Michael Slater is also referred to twice in the transcript when Dennis Wise envisages him drafting a more formal agreement between the parties. Gus Poyet was also evidently one of the original investors in the development.