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

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