Issue link: https://maltatoday.uberflip.com/i/1335208
16 maltatoday | SUNDAY • 31 JANUARY 2021 NEWS SEARCHING FOR THE RIGHT TELECOMS PACKAGE? Compare local price plans today Bundled Plans Internet Plans Mobile Plans Fixed Telephony Plans Visit www.telecosts.com, answer a few short questions and you'll be provided with a list of service plans that suit your preferences. MATTHEW AGIUS FORMER PN leader Adrian De- lia has denied being untoward about a payment received by his law firm from former client Boris Arcidiacono, whom he re- called taking out for a celebratory champagne lunch after signing a bank agreement on his loans. Delia took the stand for the sec- ond time in the case filed by his former client, earlier this week on Wednesday. Delia stands accused by Bo- ris Arcidiacono of having taken €86,210 from a loan facility with HSBC, which his client alleg- es was "in collusion" with the bank. Arcidiacono has sued the bank over the payment, which he claims was made without his consent. In June 2009, Ar- cidiacono took a loan of around €800,000 from HS- BC, the purpose of which was to settle outstanding debts and matters con- cerning property disputes with third parties. Delia had been his lawyer in the negotiations and had asked for a 'success fee' of €120,000 should Arcidiacono get the loan. But Arcidiacono refused to pay up and subsequently accused De- lia of threatening to actively sab- otage his case. Arcidiacono's lawyer, Cedric Mifsud, asked Delia about the timeline of events between 2007 and 2009. Reference was made to a sanction letter dated 24 Feb- ruary 2009, which indicates that the bank had approved the loan of €800,000. "There was a retainer agree- ment between a firm I worked with [and the plaintiff]," Delia told Mr. Justice Francesco De- pasquale. "This further payment came after a re- tainer agreement had terminated. After the retainer ended, there was a volume of work needed by Boris Arcidiacono, in- volving meetings, advice… it was extensive. As a matter of fact, the amount was agreed before the services rendered. There were invoices. It is all documented, in- cluding by emails." There were a number of months where the retainer was paid regu- larly. Some months later, further invoices were issued. But pressed by lawyer Cedric Mifsud, Delia could not remem- ber whether the retainer agree- ment was still in place when the sanction letter was issued to his client. Mifsud referred to a 2008 letter from Delia's then firm Aequitas Legal, referring to the retainer, and the sanction letter issued in February 2009. "When the sanc- tion letter was issued was it cov- ered by the retainer agreement?" asked Mifsud, given that the re- tainer period ran until April 2009. "What I can say for certain is that never in 27 years did we charge twice for the same thing," Delia replied. "Was there some- thing covered by a retainer and a lump sum payment? No, nev- er… As a matter of fact, my fees were not based on the sanction letter. So if Arcidiacono collected the majority of the fees from the bank, it is no concern of mine." Answering a question from the judge, he said the cheque for €86,000 was written on the day of the agreement with the bank. Receipts were issued 25 days after the contract was signed. "We gave Arcidiacono intensive service for a number of months before… after the signing, we took him out for a champagne lunch with his daughter." The success fee of €86,000 was 10.77% of the loan, lawyer Cedric Mifsud pointed out, asking how he had reached that amount. Delia said the amount was prear- ranged with the client. "We had a retainer for months. At a point in time, we changed the arrange- ment to one with an amount." But he said could not recall what was said during the negotia- tions, due to the passage of time, admitting not having given the bank a document to justify the payment of the fee. "The amount was paid in front of the client; he paid the amount and the receipts were issued. After months of hard work by the whole office, it was a landmark that we reached successfully." Mifsud suggested that the cheque was made out to Delia and deposited in Delia's personal clients account. "There was noth- ing wrong with that," Delia said. Lawyers Cedric Mifsud and Mario Camilleri appeared for Boris Arcidiacono. Lawyer Louis Cassar Pullicino represented HS- BC. Lawyer Vincent Galea assist- ed Adrian Delia. magius@mediatoday.com.mt Delia grilled in court over exorbitant legal fees Former PN leader Adrian Delia