MR JUSTICE WARBY
Approved Judgment
NT1 & NT2 v Google LLC
relatively little evidence before the Court on the inaccuracy issues. The documents all
come from Google. NT1’s witness statement is less than comprehensive in its
explanation of why the offending publications are inaccurate. It deals with the First
and Second Articles in two relatively short paragraphs. It does not deal with the Book
Extract at all. Granted, those two paragraphs of the witness statement are preceded by
an account of the factual background, but that account itself is fairly superficial and
the two elements are not clearly linked to one another. Moreover, (as explained in the
Private Judgment) there are aspects of the inaccuracy complaint which are not
addressed at all by the statement. As a result, much of the claimant’s response to the
documents relied on by Google emerged for the first time under cross-examination.
91.
He did not perform well, and made a bad impression on me. He began by giving
long-winded and elaborate answers to simple questions, showing a tendency to make
speeches rather than give answers. He tended to evade, to exaggerate, to obfuscate,
and worse. Examples of such behaviour which can be given in this public judgment
include the following.
(1)
At an early stage in his cross-examination it was put to the claimant that his
business had been “repeatedly prosecuted by trading standards authorities …
and sued by victims of its deceptive and misleading sales practices …”, he
flatly denied it as “absolutely untrue”. Confronted with a newspaper report
from the 1990s asserting that Alpha had a specified number of criminal
convictions for trading standards offences, and a larger specified number of
civil claims standing against it, the claimant said it was a long time ago and he
could not be expected to comment on “unparticularised allegations like that”.
(2)
Shown a letter from a Mr Updike, the head of a Consumer Group, which gave
detailed particulars of such convictions and civil claims, which matched the
content of the newspaper article, the claimant embarked on an attack on Mr
Updike’s motives, and questioned the authenticity and reliability of the list. He
then suggested that the cases had “been encouraged and built up by” Mr
Updike. When I asked if he was therefore accepting that there were such cases
he said no, he did not have enough information to accept this.
(3)
Google has produced contemporaneous cuttings to support the existence of
several of the convictions. The list of civil claims was detailed enough to give
a Court, an action number, and a specific figure for each judgment or claim. It
indicated whether the judgment had or had not been satisfied. Cuttings and
other evidence also support the existence of civil claims. The evidence overall
makes it clear enough that a substantial number of criminal prosecutions and a
substantial number of civil claims were brought with success, and I find that
Mr Updike’s lists were substantially accurate. I am by no means convinced
that the claimant’s memory was so bad that he could not recall such matters.
Maybe his memory of the detail is poor, but I am confident that he had not
forgotten these matters altogether and that his evidence was not frank. He was
equivocating, dissembling, and blustering.
(4)
The claimant repeatedly used extravagant language to denounce suggestions,
courteously put to him by Mr White, that he was involved in the management
of Alpha. He rejected these as variously “bizarre”, “ridiculous” or “palpable
nonsense”. Although he also gave reasons for rejecting such suggestions, such