Optosafe Limited & Anor v John Mark Robertson

Optosafe Limited & Anor v John Mark Robertson

The interim injunction granted was not a 'protective injunction' under the Regulations, so automatic prohibition on cross-examination does not apply. Irrelevant and unpleaded parts of the defendant’s witness statement and hearsay notice are struck out. Relief from sanction for late reliance on Laura Pearson’s statement is refused due to serious unexplained breach and lack of central relevance.

Parties
Claimant: Optosafe Limited; Claimant: Benjamin William Howard; Defendant: John Mark Robertson
Jurisdiction
England and Wales
Judgment Date
22 October 2025
Procedural Posture
Civil / Pre Trial Review
Outcome
Applications to prohibit cross-examination, strike out parts of witness statement and hearsay notice granted in part; application to rely on Laura Pearson’s statement refused.
Legal Topics
Breach of Contract, Harassment, Witness Evidence, Hearsay, Relief From Sanction
Contract Law Tort Law Civil Procedure Breach of Contract Harassment Witness Evidence Hearsay Relief From Sanction

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Parties

Optosafe Limited

Claimant

Benjamin William Howard

Claimant

John Mark Robertson

Defendant

Procedural Posture

Civil / Pre Trial Review

Legal Issues

  1. 1 Whether the defendant is prohibited from cross-examining the second claimant in person under s.85G Courts Act 2003
  2. 2 Admissibility and relevance of parts of the defendant’s trial witness statement
  3. 3 Admissibility of the defendant’s hearsay notice

Ratio Decidendi

The interim injunction granted was not a 'protective injunction' under the Regulations, so automatic prohibition on cross-examination does not apply. Irrelevant and unpleaded parts of the defendant’s witness statement and hearsay notice are struck out. Relief from sanction for late reliance on Laura Pearson’s statement is refused due to serious unexplained breach and lack of central relevance.

Court Disposition

Applications to prohibit cross-examination, strike out parts of witness statement and hearsay notice granted in part; application to rely on Laura Pearson’s statement refused.

Orders

  • Defendant prohibited from cross-examining second claimant in person only if protective injunction applies; otherwise, not prohibited.
  • Defendant required to re-file witness statement with specified parts removed and paragraphs numbered consecutively.