PT-2024-000315 - [2025] EWHC 3011 (Ch)

The parties disagreed as to the court’s ability to resolve disputed issues of fact in circumstances in which neither party elected to seek a direction requiring any witness to attend court for cross-examination. I address that issue later on in this judgment (see paragraphs 67 – 80 below). For the purposes of this summary of the factual background, I refer to the contemporaneous documentary evidence (which is voluminous, with the document bundle running to nearly 900 pages). I also refer to witness statements filed by the parties (which, at circa 400 pages, were also voluminous) where the evidence given is not in dispute, or where I have been able to resolve any dispute by reference to the contemporaneous documents.