Skywind Holdings Limited & Anor v Simon Robert Wilson & Ors

Skywind Holdings Limited & Anor v Simon Robert Wilson & Ors

Permission granted for Defendants to rely on expert evidence (Scenario 2) regarding fabrication of WhatsApp/Telegram messages; Claimants granted relief from sanctions and permission to rely on late witness statement (Burton 3); Claimants at liberty to rely on documents disclosed after extended disclosure deadline as they were not in control at the relevant time; Video link evidence from Zurich permitted for vulnerable witness Burton as refusal would result in loss of key evidence and prejudice to Claimants outweighs any disadvantage to Defendants.

Parties
Claimant: Skywind Holdings Limited; Claimant: In Touch Games Limited; Defendant: Simon Robert Wilson; Defendant: Yu-Lin Wilson; Defendant: Ruskin Properties Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2026
Procedural Posture
Commercial Civil Claim / Pre Trial Review (ptr) Ruling
Outcome
Applications determined as follows: Expert Evidence Application (Scenario 2) granted; Burton 3 Application granted; PD 57AD Application dismissed as unnecessary; Video Link Application granted.
Legal Topics
Expert Evidence, Disclosure, Relief From Sanctions, Video Link Evidence, Vulnerable Witness, Fraudulent Misrepresentation, Breach of Warranty, Conspiracy
Commercial Law Contract Law Civil Procedure Expert Evidence Disclosure Relief From Sanctions Video Link Evidence Vulnerable Witness +3 more

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Parties

Skywind Holdings Limited

Claimant

In Touch Games Limited

Claimant

Simon Robert Wilson

Defendant

Yu-Lin Wilson

Defendant

Ruskin Properties Limited

Defendant

Procedural Posture

Commercial Civil Claim / Pre Trial Review (ptr) Ruling

Legal Issues

  1. 1 Permission to rely on expert evidence regarding fabrication of WhatsApp/Telegram messages
  2. 2 Permission to rely on late witness statement (Burton 3)
  3. 3 Permission to rely on documents disclosed after extended disclosure deadline

Ratio Decidendi

Permission granted for Defendants to rely on expert evidence (Scenario 2) regarding fabrication of WhatsApp/Telegram messages; Claimants granted relief from sanctions and permission to rely on late witness statement (Burton 3); Claimants at liberty to rely on documents disclosed after extended disclosure deadline as they were not in control at the relevant time; Video link evidence from Zurich permitted for vulnerable witness Burton as refusal would result in loss of key evidence and prejudice to Claimants outweighs any disadvantage to Defendants.

Court Disposition

Applications determined as follows: Expert Evidence Application (Scenario 2) granted; Burton 3 Application granted; PD 57AD Application dismissed as unnecessary; Video Link Application granted.

Orders

  • Defendants granted permission to rely on Shields Report (Scenario 2) and Claimants to serve responsive expert evidence by end of January.
  • Claimants granted relief from sanctions and permission to rely on paragraphs 25-34 of Burton 3 as amended.