[2025] EWHC 2294 (Ch)

The Evidence

For the purposes of the trial I have read and considered (i) the first, second and third witness statements of Mr Kienlen dated respectively 24 January 2024, 31 July 2024 and 20 May 2025; (ii) the first second and third witness statements of the Respondent dated 19 April 2024, 17 February 2025 and 24 April 2025; and (iii) the first and second witness statements of the Company’s CFO, Mr Richard Botting, dated 29 March 2024 and 24 April 2025, together with their respective exhibits. I have also read the other documents included in the agreed trial bundles, including the first and second witness statements of Ms Harriet Hill of RPC, the solicitors now acting for AW in connection with a Part 7 claim which the Respondent is pursuing against AW, dated 17 March and 28 April 2025, to which reference will be made where appropriate. In addition, I have read and considered the documents in a number of supplemental bundles, to which no objection was taken.

Ms Bamforth did not file evidence. The Applicant did not call her as a witness.

I heard oral evidence from Mr Kienlen, the Respondent and Mr Botting.