THE EVIDENCE
THE EVIDENCE
Sources
There are two sources of contemporaneous evidence because hand-written notes were made by each of Ms Barden and Mr Anderson. In addition, Ms Barden wrote an attendance note to her instructing solicitors when she returned to chambers, on the same day as the hearing. Each was cross-examined in some detail on their respective notes.
In the weeks after the hearing, the Claimant and Mr Khan wrote on three occasions to the Magistrates’ Court: 3rd and 13th June 2024 and 15th July 2024. These documents are not contemporaneous but they are documents which were produced quite close in time to the hearing. They record the Claimant’s concerns about the outcome of the hearing.
The Claim Form is dated 23rd August 2024 and was issued on 30th August 2024. The Leicester Magistrates’ Court acknowledged service of the Claim form on 17th September 2024. Both contain signed statements of truth.
The Magistrates’ Court’s acknowledgment of service contained an account of the arguments, the decisions, and the events of 29th May 2024. It was signed by Mr Altaf Essat who gave his position as ‘Legal Advisor’. This information became more important in the case than might have been expected.
The witness statements were produced much later, pursuant to the order and directions of Eyre J on 1st April and 10th July 2025. The witness statements are dated between the end of April and the beginning of June 2025, about twelve months after the hearing. I heard the evidence of the three witnesses over a full day on 30th September 2025, sixteen months after the hearing.
From these principal sources of evidence I will consider what has been established and what remains contentious by reference to:
What the hearing was about?
What information did the parties have in advance of the hearing?
Who was there, and in what role?
What did Mr Khan, the Legal Advisor and the justices do when Ms Barden applied for the Interested Party’s costs?
What happened after the justices had retired and returned to court?
What happened after the hearing concluded?
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