Case No. EWHC-1798-(IPEC)

253.As mentioned above, the evidence establishes that the business of the Claimants’ band was run by AWEL, who negotiated with promotors, bore all the expenses and received any profits or were responsible for any losses.254.Mr Clarke’s written evidence is that “In 2018 I began to believe that Alan was not being entirely straight with the band over actual concert pricing”. He refers to discussions with other members of the band and to a meeting at his house in March 2018 at which the issue was discussed. During cross-examination, Mr Clarke was asked about expenditure during 2016 and my note is that his response was along the following lines and that he was not reviewing expenditure: “I was interested in the band but not in shows were people weren’t turning up. I did not ask to see any invoices or what he was getting. I suspected that he was losing money but I was concerned about damage to the band.”255.This is broadly in line with the evidence of Mr Richardson who also refers to the March 2018 meeting. However, Mr Richardson’s written evidence is that at the time of the 2018 meeting “Mick … had insisted for a year or so that the Claimants had been charging more for our gigs than we were being told.” and “[s]ome weeks before the meeting described above the four of us … were together to [sic] Belgium. Mick had been telling me confidentially that he was sure the band were getting lots more money than we were told …”. Mr Richardson gave no further evidence on the timing of Mr Clarke’s knowledge during cross-examination.256.Mr Etherington gave no evidence on this issue.257.Mr Williams’ written evidence makes no reference to any dispute with the Defendants about how much was being charged to promotors. His evidence is that there was a dispute about session fees. During cross-examination, Mr Colbey asked him whether there had been an argument about money which had led to the 1 July email. Mr Williams made no comment about the precise nature of the disagreement.258.In the light of the evidence discussed above, I do not accept that the fact as stated by the Claimants has been proved. The evidence suggests that Mr Clarke was concerned about the amount AWEL was charging for gigs before March 2018, certainly during 2017 and possibly beforehand.(ii)