[2025] EWHC 1722 (IPEC)

The witnesses for the Claimant were Mr Ballarini, its Head of Organic Acquisition, Mr Cian Weeresinghe, its Chief Marketing Officer, and Mr Tormi Tuuling, its Security Operations Lead, all of whom were cross-examined. The Claimant also filed a Civil Evidence Act Notice relating to its records of customers’ calls. The witnesses for the Defendants were Mr Simon Hills, its CEO, and Mr Brett Morris, its Chief Financial Officer, who were both cross-examined, and their solicitor, Mr Hastings Guise, who was not cross-examined. The Defendants filed a similar CEA notice.

No criticism was made by the parties as to the other side's witnesses, save that the Claimant suggested that Mr Hills’ undoubted passion for his business led to a tendency to "colour his answers." Mr Hills certainly was very passionate about the business and at times expanded his answers beyond simply answering counsel's questions. The same may be said, albeit to a much lesser extent, about Mr Ballarini. However, I saw no reason to doubt that their evidence was honestly given, and I found all the witnesses to be reliable and helpful.