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CVS’s witnesses
CVS’s witnesses
In light of the vacation of the Part 20 claim, CVS only called six of eleven of its factual witnesses to give oral evidence. The remaining five witnesses were not called, because much of their evidence related to the Part 20 claim, which is to be tried later. However, their statements were adduced as hearsay evidence.
- Heading
- Introduction
- CVS’s witnesses
- Mr Smith
- Mr McQuade
- Mr Sargent
- Mr Foy
- Mr Hendren
- The facts
- Procedural history
- The Debarring Order
- Mr Bonnier’s Article 6 rights
- Mr Joel Hogarth
- Standard of Proof
- CVS’s case
- The Honest Belief in Investment Representation
- The Conditions Precedent Representation
- The Negotiations Representation
- Falsity
- Knowledge
- Intention
- Mr Bonnier’s intention in light of Aaqua’s financing
- The Aaqua App’s lack of functionality
- Reliance
- The Defendants’ case
- The Defendants’ submissions on Intention and the contractual provisions
- Estoppel
- Intention
- Summary of findings on liability
- Quantum
- Mitigation of loss
- Conclusions