Case No. EWHC-1798-(IPEC)

8.The trial took place mainly in person over two days. Mr Michael Smith was counsel for the Claimants and Mr Richard Colbey for the Defendants.9.On the first morning of trial, it became apparent that the Third Defendant, Mr Etherington, was having difficulty in returning from Spain, where he was travelling on business, to give evidence in person. Mr Colbey explained that this difficulty had only just been made known to him and to the Defendants’ solicitors. An oral application was made to permit Mr Etherington to give evidence and to be cross-examined remotely. The Claimants did not object as Mr Etherington’s evidence was not, in their view, central and to avoid any further delay in the proceedings. Permission was granted for Mr Etherington to give evidence remotely, notwithstanding the late notice. However, for the avoidance of doubt, it should be noted that it was the individual circumstances of this case that led to this decision and that applications to participate remotely should always be made in good time and for good reasons, and those which are not will face headwinds.10.Some minor difficulties in the cross-examination of Mr Etherington were caused by the nature of the remote set up, which had inevitably been arranged in haste. However, overall the trial ran smoothly and I am grateful to all of the professional representatives of the parties and to the Court staff for their work in ensuring that this was the case. The parties had not arranged an overnight transcription service so counsel helpfully produced short written notes summarising their closings and their observations on the evidence, which have been of considerable assistance in producing this judgment.