Case No. IP-2016-000182

77.On MML’s behalf oral evidence was given by three witnesses. Florence Everett is an employee of Regis who is responsible for MML’s marketing and business development. Her evidence was primarily evidence of alleged confusion but it appeared to have been directed at a case of classic passing off originally pleaded by MML – that ‘Forces Mutual’ is confusingly similar to ‘Military Mutual’. That part of the claim was subsequently dropped. Mr Silverleaf made no mention of Ms Everett’s evidence in closing.78.Otherwise for MML there was oral evidence from Paul Koronka, who is the Chief Executive of Regis and Martin Shaw, who is the Chief Executive of the Association of Financial Mutuals (“the AFM”) which, as its name implies, promotes the interests of those organisations. Sir Sebastian Roberts was proffered for cross-examination because he had signed the statement of truth in MML’s pleadings, but he was not cross-examined.79.On behalf of Forces Mutual oral evidence was given by John Gilbert, who is a member of the AFM’s Regulation and Governance Committee, by Stephen Mann who is Chief Executive of the defendant group of companies and by Colonel Thomas Vallings who is a member of the advisory board of The Military Foundation, a foundation set up by Forces Mutual to promote the education and wellbeing of members of the armed forces.80.I took the view that all the witnesses were doing their best to provide an accurate account of the facts as they saw them. Their witness statements sometimes gave the impression of being partisan but honest concessions were made in cross-examination where it mattered.