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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> McGrath & Anor v Bedford & Anor [2016] EWHC 174 (QB) (03 February 2016) URL: https://www.bailii.org/ew/cases/EWHC/QB/2016/174.html Cite as: [2016] EWHC 174 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
Sitting as a High Court Judge
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Michael McGrath Necon Technologies Limited |
Claimants |
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- and - |
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Byron Bedford ProEconomy Limited |
Defendants |
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Ian Helme (instructed by Gisby Harrison Solicitors) for the Defendants
Hearing date: 15 January 2016
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Crown Copyright ©
Sir David Eady:
"…There has to be something to suggest that the assertion is sustainable. The best evidence would be incontrovertible evidence to support the applicant's case, but this is rarely available. It would in general be enough if there were some evidence to support the applicant's version of the facts, such as a witness statement or a document, although it would be open to the court to reject that evidence if it was inherently implausible or if it was contradicted, or was not supported, by contemporaneous documentation … But a mere assertion by the applicant that something had been said or happened would not generally be enough if those words or events were in dispute and material to the issue between the parties."