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You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Virgo-Williams v SHCE Ltd & Anor [2025] EWHC 1073 (KB) (14 May 2025)
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Cite as: [2025] EWHC 1073 (KB)

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Neutral Citation Number: [2025] EWHC 1073 (KB)
Case No: KB-2024-001215

IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL
14 May 2025

B e f o r e :

DEPUTY MASTER LORNA SKINNER KC
____________________

Between:
SAMANTHA VIRGO-WILLIAMS
Claimant
- and –

(1) SHCE LIMITED
(2) TAKEPAYMENTS LIMITED
Defendants

____________________

Samantha Virgo-Williams in person
Alistair Veck (instructed by LG Williams and Prichard) for the First Defendant
David Bowden (instructed by Eversheds Sutherland LLP) for the Second Defendant

Hearing dates: 5 and 6 December 2024

____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Deputy Master Skinner KC:

    Introduction

  1. The Claimant in these proceedings is a restaurateur trading from 7-11 Spray Street, Woolwich, London SE18 6AP as Yardman Styles Caribbean" ("YSC").
  2. The First Defendant trades as "The Sheriff's Office" and, among other things, executes Writs of Control issued by the High Court.
  3. The Second Defendant is a provider of card payment terminals and associated services, which on 30 May 2023 entered into a contract for provision of those services with Yardman Styles Limited, a company registered at Companies House with company number 1435876 ("YSL"). YSL defaulted on payments due under that contract, as a result of which proceedings for debt were brought, culminating in judgment in default being entered against YSL on 11 December 2023 in the sum of £2,168.94.
  4. On 8 January 2024 the Gloucester and Cheltenham District Registry issued a High Court Writ of Control against YSL addressed to David Asker of the First Defendant as an authorised High Court Enforcement Officer ("HCEO"). The Writ commanded the HCEO to take control of goods belonging to YSL and to raise therefrom the sums detailed in the Schedule thereto together with fees and charges to which the HCEO is entitled.
  5. A Notice of Enforcement was sent to the registered office of YSL at 348 High Road, Wembley. Thereafter, on 22 April 2024 various goods were seized by the First Defendant from 7-11 Spray Street on 22 April 2024.
  6. By these proceedings the Claimant makes an application pursuant to section 62 and paragraph 60 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ("the 2007 Act"), claiming that the goods seized were hers. She claims for the return of the goods and for compensation for losses suffered in consequence of their removal and retention. With two exceptions (addressed further below) the goods recorded as seized were returned, on an interim basis, on 19 June 2024.
  7. Central to the dispute is the identity of the Claimant and whether she is or is not also a "Donna William" who was appointed a director of YSL in May 2023 and in August 2023 became a person with significant control over it. The Claimant maintains that she has no knowledge of "Donna William" and no connection with YSL or its former director, a Mr Dameon Morris.
  8. The Claimant has represented herself throughout these proceedings, assisted by Leonard Lennard, her McKenzie Friend. This is my judgment following trial. It is first necessary to set out some of the procedural background.
  9. Procedural History

  10. On 23 April 2024 the Claimant made an application for an injunction against the First Defendant seeking return of the goods seized. The Application came before Mr Justice Nicklin ex parte on 24 April 2024. The Order made by the Judge records that the Claimant informed him that she had nothing to do with the company YSL and was therefore alleging that her goods had been wrongly seized. The Judge ordered that the Application be heard in the Interim Applications Court on 25 April 2024 and that the Claimant issue a claim form. He also ordered that the Claimant should send to the Court and the First Defendant evidence that she has taken over the business and is not connected to YSL (for example utility bills, contracts etc). Further, the Judge ordered that she provide a witness statement confirming whether she owes any money to Takepayments Limited (which later became the Second Defendant). The Claimant does not appear to have complied with any of these requirements.
  11. The matter came back before Mr Justice Nicklin, inter partes, on 25 April 2025. The Court directed service of all documents served on the First Defendant on Takepayments Limited, made further directions for the management of the claim and directed that a hearing be listed before a King's Bench Division Master in the week commencing 13 May 2024. The Judge also ordered that by 4.30pm on 29 April 2024, the Claimant must file and serve evidence together with a witness statement verified by a statement of truth to address:
  12. a. That she has taken over the business and is not connected to YSL;
    b. Whether she owes any money to the Creditor (Takepayments Limited); and
    c. Which items were seized by the First Defendant on 22 April 2024 and who is the owner of those goods.

    Again, the Claimant does not appear to have complied with these requirements.

  13. Following a hearing on 4 June 2024, Master Dagnall ordered that the claim be treated as if it had been issued under Parts 7 and 85 of the Civil Procedure Rules and so as to include claims under paragraph 60 and the remainder of Schedule 12 to the 2007 Act.
  14. Upon provision of certain undertakings by the Claimant, Master Dagnall also made an interim order requiring the First Defendant to return the goods and assets seized as soon as reasonably practicable and in any event by 20 June 2024. On 19 June 2024 all goods recorded as seized were returned other than a Samsung Galaxy Tablet, which could not be found, and a sum in cash (as to which see further below).
  15. Master Dagnall also made a number of further orders, including that:
  16. a. By 4 July 2024 the Claimant set out her case as to:

    i. How, when and from whom she acquired each of the goods
    ii. Whether or not she is "Donna William"
    iii. Whether or not she has any connection with YSL
    iv. Why "Donna William", as a director of YSL, would have given 7-11 Spray Street as a correspondence address.
    b. By 1 August 2024 the parties provide standard disclosure to include:
    i. An entire copy of her passport and driving licence
    ii. All evidence regarding the acquisition of the goods by either YSL or the Claimant
    iii. Any trading or other accounts of the Claimant's business
    iv. Any evidence as to the alleged losses of the Claimant.
  17. Further to the above, the Claimant produced a number of documents. No trading or other accounts were produced. Those of primary relevance are:
  18. a. A passport issued 29 August 2014, expiry 29 August 2024, in the name of "Samantha Donna Virgo-Williams" with the date of birth 18 April 1968.
    b. A driving licence with the same name and date of birth (and an address at Bellman Avenue in Kent).

    c. Various documents relied on as evidence her ownership of the goods seized, including:

    i. Purchase of microwave (the date is not shown but the next series of messages asking for receipt for the same are dated 31 July 2024).
    ii. Further to the above, a letter unsigned and without a name or full address confirming purchase of a microwave on 23 March 2024 for £300 cash.

    iii. Text communications regarding a coffee machine apparently purchased from eBay in late 2021.

    iv. An email dated 25 July 2024 from The Centaur and Barclay Property Group confirming that the commercial unit was provided with two fridges, two TVs and CCTV monitoring equipment. It does not however say when or on what terms.

    v. An invoice from KRD Catering Equipment addressed to "S Virgo-Williams t/as yardman styles Caribbean, 7-11 spray street" and dated 16 March 2024 for a large patty warmer, table, single door fridge and food trolley totalling £1,580.00

    vi. A photograph of part of an invoice from Nella Cutlery for a knife service. This is undated and contains no name or address.

    vii. An invoice from Deptford Used Catering Equipment addressed to Samantha Virgo-Williams dated 10 December 2023 for a large fridge, a soup warmer and a rice cooker totalling £700 and paid for in cash.

    viii. An invoice from Empire dated 1 March 20204 addressed to "Mrs Virgo-Williams" at YSC, 11 Spray Street in respect of a twin tank electric free standing fryer in the sum of £478.80 and a Paypal record re Empire Supplies Limited 1 March 2024 in the sum of £478.80, also addressed to Mrs Virgo-Williams of 7 Spray Street.

    ix. A Paypal record showing various transactions in March 2024.

    d. A Monzo Business Account statement for the period 01/12/2023 to 31/12/2023 addressed to "Samantha Donna Virgo-William, Yardman Styles Caribbean, Alans Furniture Ltd" at 7-11 Spray Street. The account number is 0587****, sort code 04-00-03. Among other things, the statement shows a payment on 23 December 2023 to a Daniella Desilva-Greenaway with the reference "Donna William" and a cash withdrawal on 5 December 2023 of £500.
    e. A further statement for the same account for the period 01/05/2023 to 31/05/2023 showing only transactions from 22 to 31 May 2023. (A copy Monzo Business Account statement with the same account number and sort code but in the name of YSL and disclosed by the Second Defendant runs from 1 May 2023 to 20 May 2023 – see paragraph 25 below).

    f. A further statement for what appears to be the same account (the number having been partially redacted by the Claimant) for the period 31/01/2024 to 29/03/2024.

    g. A Knowlwood Properties LLP statement of account for Samantha Donna Virgo William regarding the tenancy at 7-11 Spray Street and stating the amount due on rental charges for the period 1 May 2024 to 1 August 2024

  19. At a further hearing before Master Dagnall, on 4 September 2024, the Claimant orally confirmed to that she is not, and does not go by the name "Donna William", and that she has no connection with YSL and no idea as to why "Donna William" has listed her correspondence address on Companies House as 7-11 Spray Street, London, England SE18 6AP. On the application of Takepayments Limited, the Master ordered that it be added as Second Defendant.
  20. Evidence at Trial

  21. The first witness to give evidence was the Claimant. She began her evidence by confirming the truth of her witness statement dated 29 August 2024 and various other documents submitted on her behalf, including an earlier statement in the proceedings (to which I shall return) dated 22 April 2024. In her witness statement, the Claimant stated that she started her business in September 2023, taking over the lease at 7-11 Spray Street and setting up as a Caribbean restaurant. She also confirmed that she had spoken to an Enforcement Agent over the telephone on 22 April 2024. At the time, she was on holiday in Mexico.
  22. In her oral evidence, the Claimant denied that she had taken over the business of YSL, stating that she had formed her own business. She stated that much of the documentation supportive of her case was in a black folder that went missing when the goods were seized.
  23. The Claimant described the process of opening the Monzo Business Account, stating that she had applied online, providing identification and a photograph. She said that although she could remember opening the account she could not remember when this was. She later said that she had control of the Monzo account "from Day 1". She stated that the £500 cash withdrawal on 5 December 2023 was used to settle the Deptford invoice (referred to at para 14(c)(vii) above). Asked about the reference "Donna William" in the payment to Ms Desilva Greenaway on 23 December 2023, the Claimant's response was that she "doesn't know why this has happened".
  24. The Claimant was then taken to her witness statement dated 22 April 2024 and typographically signed "Samantha Virgo-Williams". It was pointed out to her that the statement begins with the phrase "I, Donna william hereby provide this witness statement regarding the incident where a bailiff seized items from my shop, Yardman Styles Caribbean, which I took over in September 2023". When asked about why she had settled a witness statement using the name "Donna William", and despite having confirmed the contents of the statement as true at the outset of her evidence, the Claimant stated that she had dictated her statement to someone else who had typed it for her, she did not read it, but handed it straight to the Judge.
  25. The Claimant was then taken to documents held within the Second Defendant's records pursuant to a contract dated 11 December 2023 entered into by the Second Defendant with "Donna Samantha William" of Yardwoman Style Limited ("Yardwoman") correspondence address of 7-11 Spray Street London SE18 6AP. The bank account details for Yardwoman are of an account held with Revolut.
  26. The Claimant's attention was drawn to three copies of a driving licence held in the Second Defendant's records in the name of "Ms Donna Samantha William", on which the date of birth is recorded as 18 April 1968 and the address as Flat 16, Needham Lodge. The Claimant denied that this was her licence. Whilst she accepted that the date of birth was correct, she stated that "that is not me" and that she had never lived at the address given. She accepted that the signature on the licence looked the same as that on the copy licence disclosed by her.
  27. Next the Claimant was taken back to the Monzo statement for the period 01/12/2023 to 31/12/2023 and asked about her name appearing as "Samantha Donna Virgo-William" instead of "Samantha Donna Virgo-Williams", as it appears on the passport and driving licence disclosed by her. She stated that her name is "Virgo-William" and that the addition of the "s" was in error. Her current passport, dated 22 August 2024, gives her name as "Virgo-William".
  28. The Claimant was also asked about a still taken from body worn video footage captured by Mr Sharma, an Enforcement Agent, during the seizure of goods from 7-11 Spray Street on 22 April 2024. The still shows a Food Hygiene Rating certificate displayed in the window, naming the business as YSL and dated 11 January 2024. The Claimant's response to this was to query the source of the still: "How do I know that was my premises I wasn't there".
  29. Ms Rachel Foster was the first defence witness to give evidence. Due to availability issues, it was necessary to interpose her during the evidence of the Claimant. Ms Foster is Senior Collections Manager for the Second Defendant and produced a witness statement dated 5 September 2024.
  30. Her evidence, which incorporated the Second Defendant's Defence and supporting documentation, established that a legal entity with the name YSL entered into a contract with the Second Defendant on 30 May 2023 for the provision of card payment terminals and associated services to facilitate the card payment transactions between YSL and its customers. The contract was signed by a Mr Dameon Morris, who gave his position as "Director" of YSL. The documentation records 7-11 Spray Street as the "Merchant Site" and gives the details for YSL as Monzo Bank, account number 0587****, sort code 040003. A statement for that account for the period 01/05/2023 to 20/05/23 names the business as YSL, at the 7-11 Spray Street address.
  31. Companies House records for YSL record that on 10 July 2023 notification was received that "Ms Donna William" was appointed director on 15 May 2023 and that on 10 July the registered office was changed to 7 Spray Street. On 12 July 2023 notification was received that Mr Morris's appointment as director was terminated on that date. On 7 August it was recorded that Mr Morris ceased to be a person with significant control and on 21 August that "Donna William" (dob **/04/1968) had assumed the role of an individual with significant control. On 21 August 2023 the registered office address was changed from 7 Spray Street to 331 Walworth Road and then again to 348 High Road, Wembley.
  32. On 15 November 2023 the Second Defendant issued a claim against YSL for unpaid charges of £2,028 due under the contract plus interest. YSL did not acknowledge the proceedings and judgment in default was issued on 11 December 2023. Subsequently, pursuant to section 62(4) of the Tribunals Courts and Enforcement Act 2007, enforcement proceedings were instituted.
  33. A Writ of Control was issued on 8 January 2024 to David Asker of the First Claimant as an enforcement officer authorised to enforce writs of control to take control of YSL's goods and sell them. Pursuant to the Writ, a Notice of Enforcement was sent to YSL at its registered address at 348 High Road, Wembley, England HA9 6AZ
  34. In the meantime, on 11 December 2023 another contract was entered into by the Second Defendant with "Donna Samantha William" of Yardwoman Style Limited ("Yardwoman") correspondence address of 7-11 Spray Street London SE18 6AP. The bank account details for Yardwoman are of an account held with Revolut. Proceedings have also instituted in respect of arrears accrued and unpaid.
  35. In her oral evidence, Ms Foster explained all correspondence from the Second Defendant prior to the point of litigation was sent to YSL at its trading address, ie, 7-11 Spray Street. All invoices and letters up to the point of the Letter Before Action ("LBA") were sent to that address. The LBA itself was sent to the registered address, which remained the same throughout – namely the Wembley address. Whilst invoices were ordinarily sent by email, once a customer had defaulted, correspondence would be sent by email, letter and text.
  36. The next witness to give evidence was Kim Morris, the wife of Dameon Morris. She was called to tender a document recording the outcome of professional disciplinary proceedings brought against the Claimant in her capacity as a teacher, as a result of her failure to declare criminal convictions. In answer to a question asked by Mr Lennard on behalf of the Claimant, she stated that she knew the Claimant by the name "Donna William", and it was this that provoked her investigation into the Claimant by way of a Google search, with the result that she found the said document.
  37. Mr Michael Taylor, employed by the First Defendant as a Business Development Administrator provided a witness statement dated 20 June 2024, and also gave oral evidence at the trial. He explained the process by which his company is instructed to enforce County Court Judgments, and that enforcement is undertaken once the Writ of Control has been sealed.
  38. In his statement, Mr Taylor confirmed that the sum of £102 had been removed from the till on 22 April 2024, but that this had not been returned to the Claimant because she has failed, upon request, to provide her bank details to enable transfer. When asked by solicitors why she will not provide them, the Claimant does not answer the question.
  39. Mr Taylor also confirmed that there is no dispute that a Samsung Galaxy Tablet was removed from the premises. He explained that this has not been returned to the Claimant pursuant to Master Dagnall's Order of 7 June 2024 because it was not where it should have been, ie at the auctioneers, when the First Defendant went to collect it.
  40. Mr David Asker, HCEO, provided a witness statement dated 28 August 2024. In his evidence, he explained that no payment was received following the Notice of Enforcement dated 9 January 2024 sent to 348 High Road, Wembley. As a result, an Enforcement Agent ("EA") attended at the address and obtained proof of occupancy for another business. A search of Companies House revealed that the director of YSL was registered to 7-11 Spray Street and so attendances were made there.
  41. Mr Prashant Sharma who has been employed by the First Defendant as a certificated EA since January 2023, provided a witness statement dated 29 August 2024 and also gave oral evidence at the trial. In his evidence, he explained that prior to 22 April 2024, he had visited 7-11 Spray Street on two previous occasions, namely 8 February 2024 and 27 March 2024.
  42. Following the first attendance, he received a call from a woman who identified herself as "Donna Williams". She told him that the debt was nothing to do with her and was for her partner.
  43. On 22 April 2024 Mr Sharma attended at approximately 13.50, recording events on a body worn camera. He spoke with a male (whom the Claimant described as her chef) and asked to speak to "Donna". He explained that he had a High Court Writ and needed to remove assets as there was a balance outstanding. The male then stated that she was not available. There then followed an incident in which both Mr Sharma and another agent were assaulted by the male.
  44. Mr Sharma eventually spoke with "Donna" at 15.23 after explaining to a female at the property that if he did not do so, the shop would be closed down. He explained that the debt was currently at £3,200.07 and they had a discussion about whether the locks would be changed pending valuation or alternatively whether goods would be removed. "Donna" requested that the locks were not changed.
  45. Mr Sharma stated, and his body worn footage shows, that the Food Hygiene Standards certificate displayed at the property was in the name of YSL and dated January 2024. Mr Sharma also stated that he saw numerous invoices at Spray Street in the full name of YSL.
  46. He did not see a black folder at the property and there is no record of one having been seized.
  47. The final witness was Mr Dameon Morris. Attempts made for him to give evidence remotely repeatedly failed. In the circumstances I determined that I would admit Mr Morris's statement as hearsay but would attach such weight to it as appropriate bearing in mind that the Claimant had been denied the opportunity to test its veracity. In the event, I will reference Mr Morris's evidence only to the extent that it is confirmatory of conclusions that I come to independently of it.
  48. In summary, Mr Morris's evidence was that he set up YSL in August 2022 and was the sole director. He employed the Claimant to assist him with admin as he has a learning difficulty which means he struggles with reading and writing. As a result, the Claimant had access to his Companies house codes and account details and took his business from him. He knows the Claimant and confirms that she was the Director of YSL and is Donna William.
  49. The issues for resolution

  50. Following trial, the issues for the Court to resolve are:
  51. a. Did Mr Sharma, as EA, hold a reasonable belief that the goods seized at 7-11 Spray Street (the "Premises") were those of YSL?
    a. Has the Claimant proven on the balance of probabilities that the goods seized from 7-11 Spray Street belong to her?

    Assessment and Conclusion

  52. As to Issue (a), Schedule 12 relevantly provides as follows:
  53. 9. An enforcement agent may take control of goods only if they are –
    (a) on premises that he has power to enter under this Schedule
    14. (1) An Enforcement agent may enter relevant premises to search for and take goods
    (2) Where there are different relevant premises this paragraph authorises entry to each of them.
    (6) Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor –
    (b) carries on a trade or business"
  54. I am in no doubt that Mr Sharma believed that the goods seized were those of YSL. In my assessment his evidence was credible and reliable, and he stated unequivocally that he held such a belief when pressed in cross-examination.
  55. For the reasons set out below, I am also satisfied that the belief was a reasonable one:
  56. a. On 30 May 2023 Mr Morris, then a director of YSL, gave the 7-11 Spray Street address to the Second Defendant as the "merchant address" for YSL.
    b. The bank statement for that business account for the period 01/05/2023 to 20/05/2023 states that the name of the business is YSL and gives the address as 7-11 Spray Street. The account number (0587****) and sort code (04-00-03) for that account are the same as on copy bank statements for an account in the name of "Samantha Donna Virgo-Williams, Yardman Styles Caribbean" disclosed by the Claimant in these proceedings for the purpose of demonstrating that certain goods seized by the First Defendant were paid for by her. These statements cover the period from 22/05/2023 to 31/05/2023) 01/12/2023 to 31/12/2023 and 31/01/24 to 29/03/2024 (although, as noted above, the account number for this latter statement has been partially redacted). In the circumstances, the irresistible inference is that between about 20 and 22 May 2023 the Claimant took over the YSL business account and changed its name to hers and YSC.

    c. Entirely consistent with this, and wholly inconsistent with the account given by the Claimant, is the record of a payment being made to Desilva Greenaway on 23 December 2023 with the reference "Donna William". As noted above, the Claimant was unable to explain this in evidence. In addition, a "Chantae Morris" had received payments from the account when in the name of YSL on 7 and 19 May 2023, and on 29 May 2023 when in the name of Samantha Donna Virgo-Williams, YSC.

    d. As already noted above, Companies House records show "Ms Donna William" was appointed director of YSL on 15 May 2023. Mr Morris's appointment as director was terminated on 12 July 2023 and on 7 August it was recorded that Mr Morris ceased to be a person with significant control. On 21 August "Donna William" (dob **/04/1968) was recorded as having assumed the role of an individual with significant control.

    e. Companies House records also show that and that on 10 July 2023 the registered office of YSL was changed to 7 Spray Street. On 21 August 2023 it was changed to 331 Walworth Road and then again to 348 High Road, Wembley.

    f. The director "Donna William" had 7-11 Spray Street registered at Companies House as her registered correspondence address.

    g. The business carried on at 7-11 Spray Street – YSC - bore a name remarkably similar to that carried on by YSL.

    h. The business carried on at 7-11 Spray Street was of the same nature as that of YSL (ie a restaurant).

    i. The Food Safety Hygiene Rating Certificate displayed at 7-11 Spray Street dated 11 January 2024 was in the name of YSL.

    j. On 22 April 2024, Mr Sharma saw numerous invoices at Spray Street in the full name of YSL

    k. Following Mr Sharma's first attendance at 7-11 Spray Street, he received a call from a woman who identified herself as "Donna William". She told him that the debt was nothing to do with her and was for her partner. On attendance on 22 April 2024 Mr Sharma asked to speak to "Donna William". As a result he was put in touch with the Claimant, who accepts that she spoke to Mr Sharma on that day.

    l. In response to questions asked on behalf of the Claimant, Kim Morris stated that she knew the Claimant by the name "Donna William".

    m. There is strong evidence that the Claimant has previously held a driving licence in the name of "Donna Samantha William". The Claimant's explanations for the copies of the same held by the Second Defendant were not credible.

    n. The Claimant herself provided a witness statement dated 22 April 2024 in which she stated that her name was "Donna William", in addition to "Samantha Donna Virgo-William". Again, her explanation as to how this came to be was not credible, and demonstrated a cavalier attitude to the accuracy of evidence submitted in her name.

  57. As to Issue (b), the question I must answer is whether the Claimant has established, on the balance of probabilities, that the goods seized from 7-11 Spray Street did not belong to YSL. Given the strength of the evidence summarised at paragraph 47 above, which is to the effect that YSC was, in reality, a continuation of YSL with the same bank account by a different name, and that the director of YSL, "Donna William", and the Claimant, as sole trader of YSC were one and the same person, the chance of the Claimant discharging that burden is vanishingly small.
  58. The documents disclosed by her (set out at paragraph 14 above) fall way short establishing that it was she and YSC, and not YSL by another name and "Donna William", its director with significant control, that owned them. On the contrary, on the Claimant's own evidence, a number of purchases of the goods in question were made utilising funds from the Monzo Business Account.
  59. In the circumstances, I conclude that the Claimant has been dishonest in her evidence that she has no connection with YSL and is not the "Donna William" listed as a director of that company.
  60. The Claimant's claim therefore fails and judgment is entered for the Defendants. The goods seized by the First Defendant should be returned to it.
  61. I will receive and respond to submissions on costs and any application for permission to appeal in writing. Time for any appeal will not begin to run until I have handed down judgment on costs and permission. I would be grateful for a draft order (agreed if possible) at the earliest opportunity and in any event by 4pm on Friday 9 May 2025.
  62. The parties' written submissions or an agreed draft order on consequential matters should be provided to the Court by no later than 4pm on Friday 16 May 2025. In case it assists the parties, my strong preliminary view is that the Claimant should be ordered to pay the Defendants' costs of the proceedings, together with a payment on account of such costs. Given my findings in relation to dishonesty, I am also minded to order that such costs be paid on the indemnity basis. Please ensure that any costs schedules relied on are provided together with submissions.


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