CL-2018-000297, CL-2018-000404, CL-2018-000590, - [2025] EWHC 2364 (Comm)

In my judgment, as regards the basic facts of what did and did not take place, Mr Klar was straightforward – open, fair and factual – in his oral evidence, including as to what he could or could not say as a matter of perceived recollection. As regards his thinking at the time, including his understanding as to whether, and if so why, Klar Model trading generated valid tax refund claims, likewise I assessed Mr Klar to be a trustworthy witness. I regard it as surprising that Mr Klar thought some of the things he says he thought at the time, and did not see that they led to what might be thought extraordinary consequences that might have caused him to question whether what he thought could be correct. But I am satisfied that that is what happened, so that Mr Klar had an honest view, albeit a mistaken one, indeed a misguided and unreasonable view, that his Klar Model trading produced sound tax refund claims.