To: <Rechtsanwalt@podovsovnik.com>; <Shelley_Blythe@aporter.com>; <Elke.Artmann@podovsovnik.com>; <hydrospace@wtnet.de>; <Familiehussmann@aol.com>; <kanzlei@hh-law.at>
Sent: Monday, October 17, 2005 6:52 AM
Subject: French Sofitel Tsunami victims
Subject: French Sofitel Tsunami victims
Dear all,
Please note association's new e-mail: association@victimes-sofitel-khaolak.com
With Maitre Chemla, our lawer, we will write you an mail to give you more details about criminal investigation opening in France.
Our website http://www.victimes-sofitel-khaolak.com will be translated in english soon.
We have relations with others french victims.
Best regards.
Stéphane
From: "Office-RA-Mag.Dr.Gerhard Podovsovnik" <Rechtsanwalt@podovsovnik.com>
To: <Shelley_Blythe@aporter.com>
CC: "Elke Artmann" <Elke.Artmann@podovsovnik.com>,"Jerzy Chojnowski" <hydrospace@wtnet.de>,<Familie hussmann@aol.com>,"RA Dr. Herwig Hasslacher" <kanzlei@hh-law.at>,"Stephane Gicquel" <asso-victimes-khaolak@hotmail .fr>
Subject: Tsunami victims - UK
Date: Mon, 17 Oct 2005 04:01:23 +0200
Dear Shelly!
There are two other groups working very hard on the Tsunami affair. One group is situated in Germany. One of the relativs of a victim, Mr Chojnowski tried to get a lawyer from the state on a pro domo basis. In germany and Austria you are as lawyer obliged to get pro domo cases. And you have to ask the judge to give you this stateaid.
In the first circuit it was simply denied but the second cercuit mentioned in ist decision that Germany was not obliged to help because there was no evidence that a bigger help was needed after a sea earth quake. Isn´t that really incredible? There is a spezial provision in Germany that the state has to help his citizens in case of a desaster. Mr Chojnowski has worked this out very proper. Maybe you could get in contact with Mr Chojnowski and familiy hussmann to get closer informations about their group in Germany and your idea to start class action for your client in the UK. This information would be very helpful fort he clients and there is an other very big group of victims in France. They have already started a criminal investigation and the prosecutor is now working on this case, but I have no further information on this. Maybe you can get also in e-mail contact with them it is the e-mail adress of Stephane Gicquel. In any case if you get in contact with each other please be so kind and send me copies of your e-mails so that I can see what is going on. Please also inform Dr Hasslacher, whom you can see in cc above.
Against the Thai goverment evidences of liabilty:
1. They are a memberstate of the tsunami warning system in the area of the pacific. But they have also the duty to watch the surroundings.
2. The Thai Goverment was discussing one hour bevor the tsunami hit the beaches if they give out a warning or not
3. The Thai Goverment decided not to give out a warning because of the interests of the tourism
4. In the year 1996 there was a tsunami warning and no warning went out.
5. According to Spiegel reports from Januray to April 2005 there were no Telefone numbers no faxnumbers in the offices of the tsunami warning centers in Hawaii and also not in the earthquake office in Bankok.
6. They could watch the wave hit Banda Ache. It was visiual to see within 15 Minutes after the earthquate that it was destroyed. You can see now sat-pics on the homepage www.tvg.or.at <http://www.tvg.or.at/>
7. There are models of calculation who a shockwave in the se ais going forward and they should have the duty to calculate after seeing Banda Aceh if there is coming a tsunami.
There were no lifeguards on the beaches. Go to Hawaii and you see on each beach a lifeguard, because they had a big tsunami 1964 destroying whole Hilo with many dead cases, they learned their lessons and even if there is only a threat of a tsunami they let out a warning.
And this area is one of the most endangoured earthquake areas in the world (see now Pakistan again, only 9 month after the tsunami).
A 10 year old girl from the UK was warning together with her parents no one died on this beach. It would have been possible to give out the warning. If a 10 year old girl from UK knews the possibilities and events of a Tsunami why are not the Germans and the Thais knowing about this?
A warning over television or of radio would have been more than enough, when you where reporting on the desatrous pictures of Banda Ache and give the report that the wave is now coming to the beaches of Thailand, India and Sri Lanka.
And there should be a possibility for a class action in the UK, if you are trying to get the travel agent from your client into court that than there should bet he possibility to intervene for all the others or you start the case as an opt in or opt out class action. You can have more than 100 clients in my office behind you and I am sure that you have also the big group of the Sofitel victims in France they have around 35 dead cases.
Than it could or should be done that the class action is also going against the insurance companies of Sofitel and the other big hotel chains. I think that you can do a big deal out of this case and help many people outside there waiting to get justice (see Germany saying there was even no duty to help) and I think that this could make you very famous if you help all the people. For this purpose I can help you a little bit with the press contacts I have collected now and give out press releases for you, that is really easy and would be a great pleasure for me to help you in this way.
I think that there is a lot work to do, but so many people would be grateful for the additional help from the UK.
Kind regards
Gerhard
________________________________
Von: Shelley_Blythe@aporter.com [mailto:Shelley_Blythe@aporter.com]
Gesendet: Freitag, 14. Oktober 2005 13:22
An: Mag. Dr. Gerhard Podovsovnik
Cc: Simon_Bennett@aporter.com
Betreff: Fw: AW: Tsunami victims
Dear Gerhard
Thank you for forwarding my email to Ed Fagan.
At present our client has asked us to advise on whether he has a claim under English law against the Thai Government. As part of this process he has also asked for information on the existence and current status of any class actions taken by other tsunami victims against the Thai government and any related parties.
In this regard, we would be grateful if you could advise us of the correct status of your clients' petition as we are trying to determine whether there are any possibilities of mutual assistance on these issues. Currently we have little evidence to rely upon in forming a legal opinion on the liability of any third parties (including travel agents, the Thai Government and the hotel where our client was staying).
Can you please send me Ed Fagan's email address and current telephone number, as it would be useful to have a discussion.
In any even, we would find it helpful to discuss these issues with you on the telephone. Can you indicate when would be convenient to have a short call?
Kind regards
Shelley Blythe
"Office-RA-Mag.Dr.Gerhard Podovsovnik" <Rechtsanwalt@podovsovnik.com>
Sent by: "Mag. Dr. Gerhard Podovsovnik" <Dr.Gerhard@podovsovnik.com>
13/10/2005 11:03
To Shelley Blythe/Atty/LD/ArnoldAndPorter@APORTER
cc "Elke Artmann" <Elke.Artmann@podovsovnik.com>, "RA Dr. Herwig Hasslacher" <kanzlei@hh-law.at>
Subject AW: Tsunami victims
Dear Shelley!
This is to inform you that I have forwarded your e-mail to Ed. Please be so kind and inform me about the steps you are planning to do in the UK? Whom do you want to sue there is there also a possibility to sue Thailand, US governments, travell agencies, hotelgroups for not reacting in time for request of documentations and so on?
Kind regards
Gerhard
________________________________
Von: Shelley_Blythe@aporter.com [mailto:Shelley_Blythe@aporter.com]
Gesendet: Donnerstag, 13. Oktober 2005 11:09
An: Office-RA-Mag.Dr.Gerhard Podovsovnik
Cc: Simon_Bennett@aporter.com
Betreff: Tsunami victims
Dear Dr Podovsovnik
As I explained in our telephone conversation I am a solicitor representing a victim of the tsunami, who is a UK citizen. I am acting on a pro bono basis.
I understand that you and Edward Fagan filed a petition in the New York District Courts on behalf of some tsunami victims (the New York Petition). The New York Petition was against the US's National Oceanic & Atmospheric Association, the Kingdom of Thailand and others.
My client would like to file a similar claim in the United Kingdom. I would be grateful if you could provide me with a copy of the evidence referred to in the New York Petition and any other evidence you have obtained, so that I can assess whether my client would be able to make a claim in the UK.
Additionally, I would be very grateful for any information you have on the following:
1. What is the current status of the New York Petition?
2. Are you aware of any other groups pursuing similar actions elsewhere? In particular, are you aware of any actions in the UK? Would you be able to provide any contact details for these groups?
I understand that you are going to meet Mr Fagan next week. I would be grateful if you could pass on these questions to Mr Fagan. Please could you provide me with a contact telephone number with Mr Fagan?
I look forward to hearing from you shortly.
Kind regards
Shelley Blythe
Direct dial: +44 (0) 207 786 6113
Fax: +44 (0) 207 786 6299
Arnold & Porter (UK) LLP
Tower 42
Old Broad Street
London
EC2N 1HQ
UK
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