Case No. HT-11-503

171.Although the view expressed in the preceding paragraph is enough to deal with this attempted claim, the parties spent an awfully long time during the trial debating the merits or otherwise of the 32 items worth £28,336.72 which are the subject of the (now abandoned) claw-back. This reflects badly on the credibility of Brit Inns’ claim generally: how intrinsically weak must that claim have been if the claimant was reduced to bolstering it with items which were plainly unarguable? In those circumstances I ought to deal, albeit briefly, with each item. In my view, even if it had been appropriate to consider these individual items of claim, it seems to me that, on the facts, they are not made out in any event. i)