The Witnesses
12.I heard evidence from a number of witnesses. For Ian, I heard from Ian himself and also from Mr Little, both of whom were cross examined. There was also a statement from Grantley Haynes, whose evidence was accepted by Mr Hicks without any need for cross examination. There were a few surprising aspects to Ian’s evidence. For example, notwithstanding that the earlier decisions had found that the split had occurred in 2016 and, that his own pleaded case repeatedly referred to the date as having been October 2016, Ian’s oral evidence was that the split had actually occurred much later, in July 2017. Despite this, I find that he and Mr Little were both doing their best to assist the court within the limits of their recollection and their perception of the case. Much the same can be said of Winston and the witnesses who supported his case, namely Karl Mignott and Silvera Thomas. 13.The witness evidence raised a number of matters where the witnesses disagreed (such as, for example, who paid for the dub plates and who precisely was or was not a member of Luv Injection 1 as at the date of the split). It has not been necessary for me to determine these disputes in order to deal with Ian’s passing off claim against Winston. They may, however, be relevant when determining Winston’s counterclaim.