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Red Bull announced on Wednesday morning that Fallows would become its new aero chief, and that Peter Prodromou, who has agreed a deal to join McLaren, would begin a period of "gardening leave" before taking up his new post at the Woking team.
A spokesman for McLaren told AUTOSPORT that the team believed it had secured Fallows' services and had referred the situation to its legal team.
"Dan Fallows has a legally binding contract with McLaren, and the matter is now in the hands of our lawyers," said the spokesman.