HP-2020-000016 - [2025] EWHC 1451 (Ch)

Mr Sivner and Mr Michaelson had a meeting with TRU on 19 April 2017, following which TRU agreed to hold a meet and greet with Tiana at its Nottingham store. Mr Michaelson and Mr Cohen both initially claimed that TRU placed an order, and Mr Michaelson gave evidence of the price that he said Cabo had “confirmed” with TRU.

There is, however, no contemporaneous evidence of an order from TRU. Moreover, when cross-examined on this point, Mr Michaelson accepted that by the time of MGA’s intervention, more than a month later, TRU had not placed even a verbal order for Worldeez (although he said that it would have done so but for MGA’s conduct). Mr Cohen also accepted that neither a verbal order nor a formal purchase order had been placed by then. The evidence therefore clearly indicates that TRU did not, prior to MGA’s intervention, place an order for Worldeez, whether verbal or in writing.