PT-2022-BRS-000100 - [2025] EWHC 2743 (Ch)

The application is supported by witness statements from the third defendant, John Biddick, dated 24 April 2025, and his sister Verity Biddick, dated 15 April 2025. It is opposed by the second witness statement of the claimant, Matthew Biddick, dated 2 May 2025. This being a written procedure, none of these witnesses was cross-examined, although of course each of the witness statements contains a statement of truth. The consequence is that, although I am not obliged to accept all the evidence presented (because the witnesses may for example be mistaken), and I can weigh it up, for present purposes I am not at liberty to disbelieve the evidence contained in the affidavits, unless I consider that it was manifestly incredible in light of all the circumstances: see Long v Farrer & Co [2004] BPIR 1218, [57], which the Court of Appeal applied in Coyne v DRC Distribution Limited [2008] EWCA Civ 488, [58].