[2025] EWHC 2036 (Comm)

There was one day’s reading, and the hearing took place over four days, 21-24 October 2024. The Claimant was represented by Emmet Coldrick of Counsel and the Defendant by James Shirley of Counsel. I am grateful to them for their helpful written and oral submissions. I permitted further written submissions to be made following the hearing. The final one was received from Mr Coldrick on 15 November 2024.

The trial bundle ran to 3,661 pages. In addition, I heard evidence from the following witnesses of fact:

I found both Mr Tay and Mr Manica to be reliable witnesses, who did their best to give direct and accurate answers to the questions posed and to assist the Court.

The Claimant also sought to rely upon the first witness statement dated 24 March 2024 of Adam Emilianou, who is a Director of Corporate Services and General Counsel at EPS. He has been described by the Defendant as a “pivotal figure in dispute”, based on the evidence of Mr Tay and the contemporaneous correspondence. There was no notice served in relation to that witness statement as required under the provisions of the Civil Evidence Act 1995, when the statement was served. The notice was served belatedly on 4 October 2024, on the basis that Mr Emilianou was beyond the seas. The Defendant challenged the admissibility of that evidence.

In a separate ruling given at the beginning of the trial, I permitted the evidence to be adduced, but I stated that the weight to be attached to that evidence would be a matter for submissions in closing. Having heard the parties’ submissions, I agree with Mr Shirley that, save insofar as it refers to documents, which could have been contained in the trial bundle or is corroborated by independent documents, little weight can be attached to Mr Emilianou’s evidence, which was untested by cross-examination.