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In the High Court of Justice

Queen's Bench Division


Claim Form
for court use only

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Claim No.

Issue Date
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Claimant: .d.G2........i..,
Oinar Amanat
68 Windsor Drive
Pine Brook, NJ 07058 SEAL
. . ..... ..... ..' ..... ~.... ... ..' .
USA : ~ ' :: : '- ' \ . - :.: "

Defendants:
( i) Express Newspapers
(2) Northern & Shell PLC
(3) Everything Everywhere Limited
(4) WENN Limited

Brief details of claim:

(A) Damages (including aggravated and special damages) for libel published or caused to be published by the First and
Fourth Defendant~~ in an article entitled "Twilight Bosses Threaten Legal Action Over 'Impostor '" which was
posted or reproducçd on the First Defendant's website on 5th November 20 i 0 at the URL W\\'\v.eXfl!5ss.cQ,J!k.

(B) Damages (including aggravated and special damages) for libel published or caused to be publisheà by the Secollù
and FOUlih Defendants in an article entitled "Twilght Bosses Threaten Legal Action Over 'Impostor'" which was
posted or reproduced on the following websites owned or operated by the Second Defendant on 5'1; November
2010, namely (1) the OK! magazine website at the URL www.ok.co.uk; (2) the Star magazine websire at the URL
~wVv-,-st::ï-lJ§gw;ine.cQ,~is, and (3) the New! magazine website at the URL ww.new-magu7.ine,xì._l!k.

(C) Damages (including aggravated and special damages) for libel published or caused to be published by the Third
and Fouiih Defendants in an article entitled "Twilght Heads Threaten To Sue 'Impostor'" which was posted or
reproduced oll the Orange UK website on 5th November 2010 at the UR l-ttp://web.orange.co.uk.

(D) An Injunction to restrain the Defendants, whether by themselves, their offcers, servants or agents, or otherwise

Claimant. ,-
howsoever, from further publishing or causing to be published the same or similar words detàmatory of the

(E) Costs Ass;yned to Master _...~~G- UI......":....-.......Gi....UI

Vaiue: UnlimiteG
£
Defenàanl 's Amount claimed Unlimited I
( i) Express Newspapers
name and j
aùdress (2) Nmihern & Shell PLC COUli fee i £ 1,930.00

(2) Everything Everywhere Limited TBA I I

(3) WENN Limited (See addresses on attached


sheet)
f- Solicitor's costs I
! Total amount J
L-'.__._.____ .
Unf?eci~--
lhc court ùftce ai Royal Coiirt~ c,f Justicc, Strand, London WC2A 2LL

is open betwecn lOam and 4pm Monday to F~¡d:iy. When corresponding with thc court, please address forms or letters to the Court Manager and quote thê claim number.
~ I Claim form (ePR Part 7) (01.01) (Expaiidable) Laserform Jnierndiiona! 3/02

c:áirr form ds amends 000


Claim No.

Does, or will, ýour claim include any issues under the Human Rights Act 1998? DYes
cu
Paiiiculars of Claim t8 fellew ~~~ ,
C8 No

rStatei~~;-~f Truth
I * The Claimant believes that the tàcts stated in this Claim Form are true

I "i am duly authorised by the Claimant to sign this statement

Full naine Kathy Mathews

Ii £1l
'
Name i\f claimaits soljeiÜ)r'-: firm JOhiiSI)l1S

I signed _ _________._ position or otfice held


(if signing O!l behalf of finn or company)
':-Úelefe (/." fJppropnate
L*ciai,nants solicitor

Claimant's or daimants solicitor's address to


Johnsons '.vhich documents or payments should be sent if
2 i, Arlington Street different from overleaf including (if
London
appropriate) details ofDX,fax or e-maiL.
SWIA lRN
. ,,/ .
Tel +44 (Oì 2074097404
Fax +44 (0) 20 7629 1225
PT/KM/M£OOO 1 00 12

claim form ds amends 000 Lascrfú,r.. International 09/00


LIST OF DEFENDANTS' ADDRESSES

(1) Express Newspapers


THE NORTHERN & SHELL BUILDING
NUMBER 10 LOWER THAMES STREET
LONDON
EC3R 6EN

(2) Northern & Shell PLC


THE NORTHERN & SHELL BUILDING
NUMBER 10 LOWER THAMES STREET
LONDON
EC3R 6EN

(3) Everything Everyhere Limited


HA TFIELD BUSINESS PARK
HA TFIELD
HERTFORDSHIRE
ALIO 9BW

(4) WENN Limited


35 KINGS EXCHANGE
TILEY ARD ROAD
KINGS CROSS
LONDON
N7 9AH
IN THE HIGH COURT OF JUSTICE Claim No.HQ011DO...

QUEEN'S BENCH DIVISION

BET WEE N:-

OMAR AMANA T Claimant

- and-

(1) EXPRESS NEWSPAPERS PLC

(2) NORTHERN & SHELL PLC

(3) EVERYTHING EVERYWHERE LIMITED

(4) WENN LIMITED Defendants

PARTICULARS OF CLAIM

The Parties

1. The Claimant is a successful, well-known American-born global businessman

and entrepreneur with significant business interests in and connections with the
Uníted Kingdom. Summit Entertainment owns the motion picture rights to the
multi-billon pound Twilght Saga franchise. Claimant is a co-founding board
member of Summit Entertainment's ("Summit"') largest shareholder, Peak
Group Holdings LLC ("Peak"), which purchased 90% of Summit's senior
preferred Class A Equity during its $1 billon financing in April 2007 and owns
50% of its common shares. The Claimant and his Trust provided, or otherwise
raised 50% of Peak's equity, as a result of which he was elected to be a
member of Summit's Board of Directors upon its creation as a new studio in
April 2007 until February 2008. At that time, Claimant designated a Director to
continue to represent his interests on Summit's Board and Claimant's written
consent is stil required for that Director to approve any action or vote with
respect to Summit. Moreover, pursuant to the Peak and Summit operating

agreements, Peak has the right to appoint the majority of Summit's Board of
Directors and all Peak appointed Summit directors ("Class A Directors") have
agreed to cause their Director designees to vote together on all matters
involving Summit. Currently 50% of Summit's Board and 100% of the controllng
Class A Directors were appointed by Peak. As a result of the Peak, RT -SA "
and Summit operating agreements, the Claimant and his Trust have the
following contractual powers:

1.1 He can can block substantially all material actions or votes with respect to
Summit simply by withholding his written consent. Without all 4 Peak
appointed Summit Class A Directors unanimous written consent Summit
cannot undertake any of the following important strategic or basic corporate
decisions: a merger, acquisition, joint venture or strategic transaction
(involving more than 25% of the shares of the company), any indebtedness
or the pre-payment of any debt; any adoption or amendment to the annual

operating budget; any capital expenditure in excess of $200,000; enter into


any employment agreement or amend any existing employment agreement
or approve any compensation greater than $25,000; commence any legal
action or any liquidation, dissolution or consolidation.

1 ~2 He has the right to re-join the board of Summit (albeit subject to certain

conditions) and continues to own substantial economic interests in Peak via


RT -SA" which directly provided 20% of the equity of Peak;

2. The First Defendant is the commercial publisher of The Daily Express, a

national daily newspaper. It also owns and operates a highly popular website on
which it reproduces material from the hard copy version of this newspaper and
which is readily accessible to thousands of readers within this jurisdiction via the
worldwide internet at the URL www.express.co.uk, ("the First Defendant's
website").

3. The Second Defendant is the commercial publisher of a number of popular


magazine titles, including OK!, Star and New! magazines. It also owns and
operates a series of websites on which it reproduces material from each of the
hard copy versions of these magazines and which is readily accessible to
thousands of readers within this jurisdiction via the worldwide internet at the
following URLs: ww.ok.co.uk; www.star-maçiazine.co.uk, and ww.new-
maçiazine.co.uk, ("the Second Defendant's websites").

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4. The Third Defendant owns and operates a popular website on which it posts
material of news or entertainment interest under the well-known Orange

corporate brand name, and which is readily accessible to thousands of readers


within this jurisdiction via the worldwide internet at the URL
http://web.oranqe.co.uk, ("the Third Defendant's website").

5. The Fourth Defendant carries on business as a provider of news and other

stories to commercial media organisations, in return for financial reward, for the
purposes amongst other things of publication or republication by such
organisations on their websites.

Website publications

6. On 5th November 2010, the First and Fourth Defendants published or caused to
be published on the First Defendant's website an article entitled "TWILIGHT
BOSSES THREA TEN LEGAL ACTION OVER 'IMPOSTOR"', which contained
the following words defamatory of and concerning the Claimant ("the Express
Article"):

"TWILIGHT BOSSES THREATEN LEGAL ACTION OVER 'IMPOSTOR'"

Movie bosses behind the TWILIGHT series have threatened legal action
against a businessman who has allegedly been posing as a Summit
Entertainment executive and duped cast members into attending
screenings
The Executive Vice President of Summit Entertainment, David C Friedman, has
writen to New York-based Omar Amanat threatening to sue if he continues to
"misrepresent" that he is "currently affliated with the production company.

The letter, obtained by Deadline.com, claims Amanat has screened some of the
vampire fims at 'charity' events and talked some of the franchise's stars into
making appearances.

It reads, "(Summit is) prepared to take action against you for, among other
things, misrepresenting your authority to screen The Twilight Saga: New Moon
at a charity event and misleading cast members into thinking the screening was
a sanctioned event and solicitng their participation in auctioning off a set visit
for The Twilght Saga: Breaking Dawn, which Summit had not ... authorised."

The letter goes on to state, "You are not a director of Summit. You are not in
any way involved in the management of Summit... Unless you immediately and
satisfactorily confirm that you wil cease all inappropriate misrepresentations,
Summit wil have no choice but to pursue appropriate actions against you. "

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7. In its natural and ordinary and/or inferential meaning the Express Article meant
and was understood to mean that the Claimant had dishonestly deceived cast
members of the hit fim The Twilght Saga: Breaking Dawn by falsely claiming to
be a Summit Entertainment executive and securing their participation in a
charity showing of the fim through the fraudulent pretence that he was
authorised to do so, or alternatively there were strong grounds to suspect that
he had behaved in this way.

8. On 5th November 2010, the Second and Fourth Defendants published or


caused to be published on the Second Defendant's websites an article entitled
"TWILIGHT BOSSES THREA TEN LEGAL ACTION OVER 'IMPOSTOR'",
which contained the same words defamatory of and concerning the Claimant as
set out in paragraph 6 above ("the Northern and Shell Article").

9. In its natural and ordinary and/or inferential meaning the Northern and Shell
Article meant and was understood to mean that the Claimant had dishonestly
deceived cast members of the hit fim The Twilght Saga: Breaking Dawn by
falsely claiming to be a Summit Entertainment executive and securing their
participation in a charity showing of the film through the fraudulent pretence that
he was authorised to do so, or alternatively there were strong grounds to
suspect that he had behaved in this way.

10. On 5th November 2010, the Third and Fourth Defendants published or caused
to be published on the Second Defendant's websites an article entitled
"TWILIGHT HEADS THREA TEN TO SUE 'IMPOSTOR''', which contained the
same words defamatory of and concerning the Claimant as set out in paragraph
6 above ("the Orange Article").

11. In its natural and ordinary and/or inferential meaning the Orange Article meant
and was understood to mean that the Claimant had dishonestly deceived cast
members of the hit fim The Twilght Saga: Breaking Dawn by falsely claiming to
be a Summit Entertainment executive and securing their participation in a
charity showing of the film through the fraudulent pretence that he was
authorised to do so, or alternatively there were strong grounds to suspect that
he had behaved in this way.

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Relief Claimed

12. As a result of the publications complained of above, the Claimant has been
caused considerable damage to both his professional and personal reputation,
and has also suffered considerable hurt, distress and embarrassment.

13. The Claimant wil rely in support of his claim for general and/or aggravated

damages upon the serious and highly damaging nature of the allegations
complained of which strike at the very heart of the Claimant's core attributes of
honesty and integrity. Despite their self-evidently serious and damaging nature,
the Defendants failed to make any attempt whatsoever to contact the Claimant
in order to verify the allegations prior to publication. Without reversing the

burden of proof (which squarely lies upon the Defendants in this regard), had
such contact been made, the Defendants would have readily discovered that
the allegations were completely untrue. (Please see letter from Summit as
Exhibit 1.) As outlined in paragraph 1 above, the allegation that the Claimant is
an "imposter" in relation to Summit is utterly absurd.

14. Instead, the Defendants chose to publish them in a sensational manner,


provocatively branding the Claimant as an "impostor" as part of the headline for
the story. The Claimant wil also refer to the Defendants' refusal to provide him
with an apology despite having been informed by his solicitors of the nature of
his complaint, as well as the falsity of the allegations complained of.

15. Further, as a direct result of the publications complained of, the Claimant has
suffered actual financial loss. The best particulars which the Claimant can
presently provide are as follows.

PARTICULARS

(1) Having been in discussion with the Claimant in November, 201 0 following
the Twilght London Premier, on the referral of Claimant's partner in newly
formed private equity fund, Raine Partners, Ari Emanuel (the Chief

Executive Offcer of the Wiliam Morris talent agency) and Sir Philp Green,
the well-known Bntish entrepreneur, terminated their negotiations regarding
the Claimant providing electronic technology for the collating, counting and
quantification of money generated from text message bidding to live

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television talent shows such as X Factor, for which he was due to receive a
portion of the profis. The Claimant wil contend that his potential loss is
likely to be in the region of £2.5 millon pounds which was the minimum
expected licensing fee from the endeavour.

(2) In November 2010, the Claimant was also in discussions with Hedge Fund
sales expert Kevin LoPrimo of Global Prime Partners and Mr. Lo Primo's

daughter, both of whom he invited to attend the Twilght Eclipse London


Premier July 1 sI 2010. However, following these publications, Mr LoPrimo
terminated his negotiations with the Claimant to bring over his hedge fund
clients to the Claimant's financial services firm, which would have brought
over £5 millon pounds per annum to the Claimant.

15. Unless restrained by this Honourable Court, the Defendants wil further publish
or cause to be published the words complained of or similar words defamatory
of the Claimant.

AND THE CLAIMANT claims against the Defendants and each of them:

(1) Damages, including aggravated and/or special damages, for libeL.

(2) An Injunction restraining the Defendants, whether by themselves, their offcers,


servants or agents or otherwise howsoever, from further publishing or causing
to be published the same or any similar words defamatory of the Claimant.

DAVID SHERBORNE

STATEMENT OF TRUTH

I believe that the facts stated in these Particulars of Claim are true.

Signed... .._ .~~ ......... ....

OMAR AMANAT

Served this day of March 2011 by Johnsons Law Firm, 21 Arlington


Street, London SW1A 1RN, Solicitors for the Claimant.

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