The Court was satisfied that the supporting documentation, if proved, would justify an ESO, and granted an interim supervision order for 28 days to commence upon expiry of the existing ESO, together with orders appointing two expert examiners. The Court proceeded in the defendant's absence after finding he had adequate notice, understood the nature and consequences of the proceedings, and had deliberately chosen not to attend or instruct lawyers, notwithstanding potential mental health complications affecting his capacity to act in his own interests. The Court emphasised that at the preliminary hearing stage the task is not to weigh the documentation or predict the ultimate result but to assess whether the plaintiff's case taken at its highest would justify the making of an ESO.
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