HT-2023-BHM-000003 - [2024] EWHC 1089 (TCC)

I have read the documents in the bundle to which I have been referred, which are mainly e-mail correspondence between the parties and others involved in the project. I heard evidence from Mr Ubhi and Mr Matharu, directors of the Claimant. I also heard from Mr Suresh Farmah for the Claimant. I heard evidence from Mr Dhanda, Mr Bajwa and Mr Singh for the Defendant. In addition, for the Defendant, I heard from Mr Ashley Cooper, a Chartered Surveyor, and his wife, Mrs Vikki Cooper, a Quantity Surveyor, both from Edwards Cooper Young, which firm was advising the Defendant’s proposed funder for the project, Oblix.

Both Mr. Cooper and Mrs Cooper were clearly entirely honest and straightforward witnesses. Both Mr Uhbi and Mr Matharu gave evidence that was consistent with their witness statements and the contemporaneous documents. They made appropriate concessions in their oral evidence. They impressed me as honest witnesses. Mr Farmah also struck me as an honest witness. Mr Dhanda was not an impressive witness. His evidence was often contrary to the documentary evidence and he made no concessions, even when faced with evidence that flatly contradicted his evidence. Mr Bajwa’s evidence was limited. Like Mr Dhanda, he did not make concessions, even where documents contradicted his testimony. Unlike Mr Dhanda and Mr Bajwa, Mr Singh was clearly uncomfortable when asked questions about statements he had made in his witness statement that were contradicted by documentary evidence, and admitted he could not explain why he had made those statements.

For completeness, I should add that Mr Singh’s sister, Mrs Jagdeep Gill (Mrs Gill), was a shareholder and director of the Defendant. She gave no evidence and, as far as I am aware, was not mentioned in any of the correspondence about the project in the trial bundle. It is unclear what, if any, role she has ever played in the Defendant company. There is no evidence that she had any involvement at with the business of the Defendant, despite nominally being its director and shareholder.