PT 2023 000474 - [2025] EWHC 2397 (Ch)

On behalf of the claimant, William Agnew has filed two witness statements dated 6 June 2023 and 26 July 2024. At the time of the hearing Mr Agnew was managing director of the federation, having been appointed a director on 1 October 2021. The federation was incorporated in January 2001. He was one of nine directors. He was appointed a director of the claimant on 21 August 2017. At the time of the hearing, the only other director was Anthony Smith, who was appointed on 3 March 2021. Mr Agnew has confirmed that he has no personal interest in the distribution of the fund and has no financial connection with the defendants.

On behalf of the second defendant, Phil Tweedie has filed one witness statement dated 28 June 2024. He is the managing director and chief financial officer of the second defendant. He was director and chief financial officer of the second defendant between April 2001 and March 2017, and then from September 2020. He was also a director of the claimant between 7 November 2006 and 1 March 2017, and his recollection is that he was chairman of the board for the majority of this period. In addition Mr Tweedie was a director of the federation from 1 May 2008 to 2 December 2010, and then from 4 September 2012 to 31 May 2016.

Rachel McDonnell, a partner at the second defendant’s solicitors, Mills and Reeve LLP, has made two witness statements in these proceedings. The relevant one for current purposes is the second witness statement dated 28 June 2024.

On behalf of the third defendant, Alastair Massey has filed one witness statement dated 28 June 2024. He is a licensed insolvency practitioner in the firm, FRP Advisory Trading Ltd. He is one of the joint administrators of the third defendant which was formerly known as Everest Limited.