Jeffery Onions QC, who is leading Barclays’ legal team, told the court: “To describe this as PCP’s deal is a classic example of form over substance.”
Supporting legal documents filed by Barclays in the case add: “On PCP’s own case, it adhered to none of the ordinary conventions of [a private equity firm]: it had no pre-established fund, no commitments of equity capital at all, and no arrangements for its own remuneration. It had not even started looking for debt financing.”
Onions added that Staveley’s version of events was open to question. He pointed to an email the financier sent to Khadem Al-Qubaisi, who was assessing the investment on behalf of Abu Dhabi, in which she asked for £11m to reimburse PCP for “underwriting” expenses incurred from a company called Yeltex.
Qubaisi refused to pay and replied he had “never heard of Yeltex Limited, and I am not aware of any Gibraltar based entity which could provide a credible underwriting capability in a transaction of this magnitude”.
Onions said this was “clearly relevant to Miss Staveley’s credibility and her honesty”.