B e f o r e :
|(1) SLICK SEATING SYSTEMS|
|(2) GL EVENTS SA||Claimants/Respondents|
|(1) LEA MARK ADAMS|
|(2) LEAMARK LIMITED|
|(3) LA STRUCTURES|
|(4) JOHN JONES||Defendants/Appellants|
165 Fleet Street, 8th Floor, London, EC4A 2DY
Tel No: 020 7421 4046 Fax No: 020 7422 6134
Web: www.merrillcorp.com/mls Email: email@example.com
(Official Shorthand Writers to the Court)
The Defendants did not appear and were not represented
Crown Copyright ©
The court has been provided with a whole range of bundles of documents but mercifully through the very efficient, high class work of Messrs Shakespeares and counsel, Mr Clarke, they have managed to distil this case into something which is readily understandable. I have been provided with signed witness statements from a number of witnesses and those witnesses (three of them) have given evidence this morning before the court. Mr Heywood and Mr Hoane have given evidence about these contracts and the court has been helped considerably by the witness statement of Mr Black, who is a Finance Director of a subsidiary company, who has gone through the figures and produced them in exemplary fashion. I have no doubt that those figures are impregnable and that even if the defendants were here to challenge them they would find that an extremely difficult task because they are so robust. Also I have no doubt that the evidence that Mr Hoane and Mr Heywood has given is entirely truthful and indeed, in my judgment, probably slightly understated.
In my judgment, the claimants have lost the cast iron opportunity (100%) due to the wrongful activities of the Defendants to receive substantial well earned profits from these two events. The claimants have indicated that there were other events but the problems of investigating those and providing the contemporaneous documents to be enable the witnesses to work on and the court to rely upon are not so readily available and of course that is a situation which is made worse by the lack of co-operation of the defendants in the litigation in the disclosure process. This is a case where disclosure is of the utmost importance in order to be able to help the court come to the just and fair result. So they have fairly not pursued those other matters when they would have been perfectly justified in doing so. They have incurred various costs, they being the time and other allied costs in arising out of these events.