MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC persuasive force as they had was undermined by the exaggerated language used. The impression conveyed was of an attempt to make a case by (metaphorically) shouting. After all, it does not seem inherently ridiculous to suggest that a person who returns from abroad to deal with a crisis, owns nearly all the shares in a company, and is able to move over £6m out of the company to his personal accounts in Switzerland has a good measure of knowledge of the company’s day to day business and practical control over its conduct. Nor does it seem immediately obvious that, as NT1 would have it, the business was in fact under the effective control of a man in his early 20s who held a tiny minority stake in the company. (5) Also significant, in my judgment, was the claimant’s evidence about the formal undertakings given by him and Mr Fitzgerald. In form, those undertakings embodied admissions by each man that he had previously consented to or connived at a course of conduct involving a raft of criminal offences, and a promise that he would not continue to do so. There was a formal announcement which described each man as a present or former executive of Alpha. The claimant told me that all he could now recall was that he gave the undertakings. He did not accept that he had in fact consented to or connived at any of the offences listed in the undertakings, or that the document setting them out was evidence that he had done so: “I, as I said, was not the author of the list and do not remember the list, [but] I accept that I signed the document. I do not accept that the semantic point of referring to "continuing to consent to or connive at the course of" means that I accept that I had previously been involved in any of those practices or activities.” The claimant agreed that there were steps he could have taken, but did not take, to head off the regulator’s demand for such undertakings. He said he had chosen not to challenge the demands because he was trying to resolve the problems not add to them. (6) 92. I found this part of the claimant’s evidence most unconvincing. I do not accept that he could not recall the process. I do not believe that he gave what on any view were important formal undertakings without reading or understanding them. I am not persuaded by his evidence that he signed simply to make things easier for himself and the company. I regard the undertakings as reliable admissions which form an important element of the evidence in this case. I regard the claimant’s unreliable evidence about the undertakings as a factor that undermines his credibility. Some of the evidence given by the claimant in relation to other parts of the case further undermined his credibility: see in particular [123] below. Overall, I find myself unable to accept much of the claimant’s evidence on the inaccuracy issue and, as a rule, where that evidence conflicts with contemporary documents, and the inferences that can fairly be drawn from those documents, I accept the latter. I should add two further comments on aspects of the claimant’s oral evidence.

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