FW: Your Client: Apperta Foundation CIC (AFC) - Our Client: Mr Robert Dyke

From: My Lawyers, To: Rob Dyke, on the 24/Mar at 13:01

In summary, McEvedy (a) acknowledge that you may still retain some documents relating to Apperta, mainly invoices etc, (b) say that you didn’t contract with Apperta but “to and for” OpenHealthcare CIC, (c) say that you may have breached the terms of a grant given by Apperta to OpenHealthcare. They then go on to ask for the version of the undertaking which they sent previously to be returned, despite acknowledging that you may still have some pre-Feb 2021 documents linked to Apperta.

Regarding (a), agreeing to Apperta’s undertaking runs the risk of breach if you retain Apperta related items - hence we amended the proposed undertaking document. Regarding (b), I am unsure that this adds anything, save in theory to limit the amount of Apperta material which you might have. Regarding (c), they don’t explain how you have breached the grant agreement, what the loss is said to be, or indeed how you rather than OpenHealthcare would be liable if there had been a breach. It is not very constructive.

Options include: return Apperta’s undertaking (we have discussed the issues with that previously) signed; write back to McEvedy reiterating the problems with their undertaking; provide your Confirmation signed; do nothing.