Case No. EWHC-1798-(IPEC)

270.Mr Colbey submitted that Mr Etherington should not be liable given his limited involvement in the conduct complained of and on the basis that he had only ever played in a band called a variation on ‘the Rubettes featuring …’. Had that been the case, the submissions of Mr Colbey would have been more powerful. However, as I have found above, it is accepted that the band in which he played, and in relation to which he made his services available, was presented and performed as ‘the Rubettes’.271.Mr Colbey also relied on Mr Etherington’s statement in his evidence that he had now withdrawn from the band. Mr Colbey stated in his skeleton that Mr Etherington “currently has no intention of performing with the Rubettes in any form”. No undertaking to that (or any other) effect has been offered, so far as I am aware.272.In the circumstances, I do not accept Mr Colbey’s submissions and Mr Etherington’s final position will be considered when remedies and the final order are being resolved.