Evidence and Argument. 12.3.1 Each parent will have reasonable opportunity, as circumstances permit, to provide evidence of the facts supporting their case, and to make submissions (argument) to the PC. Each parent will have reasonable opportunity, as circumstances permit, to hear the other’s evidence and submissions and respond to them.
Evidence and Argument the fax 28 The fax is directed to the non-disclosure agreement with NWW signed on 11 September 1998. In the fax Xxxxx asks Xxxx to make the non-disclosure agreement as broad as possible since, he says: “As I mentioned the other week, I’m working on two other methods: the vibration technique and a tool that would be better for smaller valves”. The fax goes on to say that Xxxxx would call Xxxx later to see if the fax had got through. The telephone log offered in support, from Xxxxx’s apartment in the Philippines, indicates that a call of 1 minute 40 seconds was made on 18 August 1998 at 1.33am Philippines’ time followed by a second call at 2.57 am Philippines time, both to Xxxx’s number. Xxxxx states that the first call was when the fax was transmitted and the second was when he rang his brother as promised in the fax. By way of additional support, Xxxxx stated under cross-examination that he had mentioned vibration techniques to his brother before coming over to the UK because he was aware of the problem in the UK of using lubricant in contact with drinking water.
Evidence and Argument. Xxxx’s resignation as a director 77 There is no dispute that Xxxx became a director of HSL on 18 September 1998. However regarding his resignation, he states that he had no involvement with the company from September 1999 and wished to resign then. He goes on to say that Companies House informed him that he would need to find a replacement director in order for the company to have sufficient directors to trade and that he would also need the signature of the company secretary (Xxxxx’s wife, Xxxxxxxx Xxxxxx). His resignation was formally accepted by Companies House on 24 January 2000 without a replacement director, but he argues that effectively his resignation took place earlier. 78 Xx Xxxx put it to Xxxx that he was still carrying out business as managing director of HSL in September and October 1999 because he had signed a letter to NWW in September and dealt with enquiries from NWW in October. However, Xx Xxxx had no documentary evidence to support this and Xxxx said that he recalled neither event. Xx Xxxx also queried whether Xxxx had taken any steps in October to stop his business telephone and business fax or to stop his address being used by the company, but Xxxx did not reply. Xx Xxxx did, though, refer to evidence of notes made by Xxxxx’s solicitor, Xxxxx Xxxx, of telephone conversations she held with Xxxxx in October 1999 and which refer to a meeting between the brothers scheduled for 28 October 1999, arguing that this contradicted Xxxx’s assertion that he (Xxxx) had no involvement with HSL from September 1999. 79 On his unsuccessful attempt to resign, Xxxx explained that he had told Xxxxx in September that he wished to resign, but was unable to obtain Xxxxxxxx Xxxxxx’x signature because Xxxxx had left for Manila and Xxxx had assumed that she had accompanied him. Xx Xxxx pointed out that Xxxxx had in fact been in the UK in October and that this undermined Xxxx’s argument. Xxxx agreed that on 12 January 2000 he had filed a form with Companies House stating that he no longer wished his address to be used by the company, and a second form on 24 January 2000 resigning as a director of HSL. Xx Xxxx pointed to the fact that the second form was signed only by Xxxx, and that nothing had changed between the September when he said he had decided to resign and the January when he actually did resign. Xxxx strongly refuted Xx Xxxx’x suggestion that he was not telling the truth and had delayed his resignation in order to see whether or not HSL would get the N...
