Chris Evans parted company with Virgin in June 2001

Rather than being ill on 21 June 2001, as his agent had said, Mr Evans was seen out shopping for antiques and later at a pub near his London flat, it was alleged on Monday.

Mr Evans, 36, is suing Scottish Media Group (SMG), Virgin's parent company. He says they withheld share options worth �8.6m after unfairly dismissing him when he did not appear to host the show.

SMG is counterclaiming that Mr Evans breached his contract in a "highly public manner" and is suing for unspecified damages.

He was clearly stressed, confused and at the end of his tether, although he was trying to be positive Breakfast show producer Chris Gillett

Billie Piper had rung Mr Foster, Mr Evan's agent, at 0530 on 21 June 2001 to say her husband would not be coming in to work.

Geoffrey Vos QC, representing SMG, alleged Mr Foster had said the DJ was too ill to present the show, even though he knew he was not ill.

The only reason the issue of Mr Evans' health had been raised was to protect the former DJ in any contract dispute, he said.

'Good spirits'

Mr Vos said Mr Evans had been seen at Waterloo Station that morning, and had then gone shopping for antiques and had ended up in a pub near his flat in Belgravia.

Mr Foster had seen Mr Evans in the pub and had agreed he was in good spirits, the lawyer said.

"What you told Mr Pearson was simply not true, was it?" said Mr Vos. "In reality, he was as happy as Larry."

Chris Evans with wife Billie Piper

But Mr Foster told the court: "He was not in my opinion happy or mentally fit to do his show."

Mr Foster said he had also told John Pearson, chief executive of Virgin Radio, that Mr Evans was ill and was going to see a doctor.

But he agreed with Mr Vos that he had not spoken personally to Mr Evans that morning and did not know about his state of health.

The following day, breakfast show producer Chris Gillett said he met Evans and asked him what was going on.

Evans replied "I can't do it anymore", said Mr Gillett.

"He was also clearly stressed, confused and at the end of his tether, although he was also trying to be positive."

Beaten down

Mr Foster told the court how the former DJ's mood had changed when he was sacked after rejecting a �3m payoff from Virgin Radio.

"He was pretty beaten down, pretty upset, pretty uninspired and didn't really know what he wanted to do next," he said.

"He had no appetite to force his way back into the entertainment business. He was just shattered."

Mr Evans had owned Virgin Radio through his Ginger Media Group company, until he sold the outfit to SMG in 2000.

The hearing was adjourned until Tuesday.