Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

IDDQD’s sole witness of fact was Christopher Blanchard who is the director of IDDQD. RMG filed witness statements from Scott Childes, former Consumer and Network Access Compliance Manager; Andrew Metcalfe, Advanced Customer Advisor; John Batchelor, Operation Performance Manager; Ian Evans, Head of the Address Management Unit and Gareth Robson, Chief Data Architect at HM Land Registry. They were cross-examined briefly or not at all by Mr Smith, by which I imply no criticism. I have no reason to doubt the truth or accuracy of the evidence they gave.

Mr Smith was the defendants’ principal witness of fact. Understandably, since Mr Smith also acted as the sole advocate on behalf of the defendants, he had difficulty in distinguishing the two roles. His prime concern in answering questions from counsel tended to be to argue the defendants’ case rather than just addressing the question. I formed the view that Mr Smith’s priority was to say what was required to promote his case rather than assisting the court with fair and accurate evidence. He also seemed unconcerned about the defendants’ obligation to comply with interim orders made by the court during these proceedings. I cannot assume that evidence given by Mr Smith which has no documentary corroboration is reliable.

Evidence was also given by Mr Smith’s wife, Claire. Mrs Smith was at least notionally a bookkeeper for Codeberry and had some involvement in the management of some of Codeberry’s accounts for larger clients. Her answers in cross-examination revealed that she knew little or nothing about the conduct of Codeberry’s business and although she signed the accounts and other documents provided to her by Mr Smith, she did not know what they contained.

Phil Beckett acted as expert witness for both IDDQD and RMG. Mr Beckett is a Managing Director at Alvarez & Marsal, a management consultancy. He works within the Forensic Technology team which provides opinion and evidence on their clients’ technology issues. Mr Smith conducted his cross-examination of Mr Beckett in a courteous manner, putting relevant and sensible questions to Mr Beckett. Mr Beckett gave clear and balanced answers.

The defendants’ expert was Jason Coyne. Mr Coyne is a partner at Evolution Project Consulting, a consulting firm which provides its clients with help in disputes involving the use or implementation of technology. He has earlier worked in other consultancy firms assisting clients principally in the resolution of disputes arising from software application projects. Mr Coyne has had considerable experience in providing expert evidence in various court proceedings, arbitrations and inquiries. These included the inquiry into the conduct of the Post Office in relation to its Horizon IT accounting software and the wrongful conviction of hundreds of sub-postmasters. In his written expert reports, Mr Coyne was firm in his support of the defendants’ case against the allegations made by RMG and IDDQD. However, in cross-examination Mr Coyne made fair concessions, leaving his expert opinion more neutral in tone.

Mr Beckett and Mr Coyne were both helpful witnesses at the trial.