’In my judgment, Mr Murphy (KEVIN JAMES MURPHY) was not a truthful witness. As explained in more detail later, I found his evidence to be so at odds with much of the contemporaneous documentation and with commercial probability as to be not credible.’ For the reasons submitted by Pendle, I am unable to accept that the fact that he was no longer employed by the defendants meant that he was independent of them. He had a clear interest in seeking to justify his conduct in obtaining the Defendants Bins from Shunde in the circumstances which occurred and which is the reason that this case has come to court. His company also continues to represent EMPTEEZY in Africa so there is an on-going commercial relationship between them.’ Deputy Judge Stuart Isaacs QC
Posted on: Mon, 10 Mar 2014 08:43:34 +0000