QB-2022-001397 - [2025] EWHC 2193 (KB)

In a letter dated 5 December 2024, Wiggin acknowledged that there were three respects in which the Guardian’s witness statements (exchanged that day) addressed matters that were unpleaded. Specifically, the Guardian served a statement from ‘Imogen’ in respect of whom there was no pleaded allegation in the Amended Defence, and Wiggin identified two other unpleaded points addressed in the statements of Gina Powell and Garry Moore. Wiggin indicated that the Guardian would agree to the Claimant serving a supplemental witness statement responding to these matters. On 19 December 2024, TKP confirmed that the Claimant did not require these matters to be particularised by re-amendment of the Defence.

On 24 December 2024, Mr Clarke made his second witness statement. It is a 29-page statement which responds to many matters other than those identified in Wiggin’s letter. The Guardian indicated it would be prepared to consent to its admission, subject to removal of some parts of the statement to which it took objection.

On the first day of the trial, Mr Williams made an oral application to rely on Mr Clarke’s second statement. I acceded to that application subject to the removal of a few passages as conceded or identified in my ex tempore judgment: [2025] EWHC 534 (KB).