Passing off – Endorsement. The claimant company's appeal against the dismissal of its claim for passing off failed. The Court of Appeal, Civil Division, held that it was not appropriate for new evidence as to the reliability of a witness to be adduced. The balance fell in favour of finality in the litigation. Further, the judge at first instance had not erred in finding that the first defendant company had not been responsible for the making of a misstatement on a third party website.