- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…evidence presented to him whereas an appellate court will only be island hopping”. Those words of Lewison LJ in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] FSR 29, para 114, are in such circumstances as applicable to a case involving expert evidence on foreign law as they are to cases involving the evidence of witnesses …”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…indings of fact, including of foreign law, starting with the well-known statement of principle by Lewison LJ in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] FSR 29 at [114]-[116]. He also cited Lewison LJ’s judgment in Volpi v Volpi [2022] EWCA Civ 464; [2022] 4 WLR 48 where at [2] he set out what he said were well-settle…”
- Cited — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“…[2014] FSR 29…”
- Cited — CDE v Surrey and Sussex Healthcare NHS Trust 2023-11-14
“…If I may repeat something I have said before (Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114]):…”
- Cited — Darty Holdings SAS v Geoffrey Carton-Kelly 2023-10-09
“…relation to appeals on fact. There is no need for me to set out the principles (yet again). I have done so in FAGE UK Ltd v Chobani (UK) Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114]; Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48 at [2] and McCarthy v Jones [2023] EWCA Civ 589 at [18] and [19]. Those principles have since been…”
- Cited — U3 v Secretary of State for the Home Department 2023-07-14
“…e first type of appeal, it certainly could not succeed on an appeal on a point of law. Two decisions are relevant: Fage UK Limited v Chobani [2014] EWCA Civ 5; [2014] FSR 29, paragraph 114, and Volpi v Volpi [2022] EWCA Civ 464; [2022] 4 WLR 48, paragraph 2. The last four points in paragraph 2 of the second decision are especially …”
- Cited — The Secretary of State for Health & Anor v Servier Laboratories Limited & Ors 2023-07-03
“…In Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29, at paragraph 114(ii), Lewison LJ observed in a much-quoted passage that a trial is “not a dress rehearsal” but “the first and last night of the show”. That wa…”
- Cited — Deutsche Bank AG (London Branch) v Central Bank of Venezuela & Ors 2023-06-30
“…ce, our review was more in the nature of the “island hopping” in a sea of evidence referred to by Lewison LJ in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] FSR 29 at [114].…”
- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…I summarised the principles applicable to such appeals in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 and Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48. In the first of these cases I said at [114] (omitting citations of authority):…”
- Cited — RACHEL RILEY v MICHAEL SIVIER 2023-02-01
“…sion in Henderson v Foxworth Investments Ltd [2014] UKSC 41 [2014] 1 WLR 2600 and three decisions of this court: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 [2014] FSR 29 [114]-[115], Haringey LBC v Ahmed[2017] EWCA Civ 1861 [30]-[31], and (most recently) Volpi v Volpi [2022] EWCA Civ 464 [2].…”
- Cited — Barrow (by his litigation friend and grandfather Hugh Barrow) & Ors. v Merrett & Anor. 2022-09-16
“…[2014] EWCA Civ 5; [2014] FSR 29. This Court should not interfere with findings of fact, inferences from findings of fact, or a judge’s evaluation of facts, unless compelled to do so; that is,…”
- Cited — Rachel Riley v Laura Murray 2022-08-11
“…r point of fact, and “must be read against the background of what was actually in dispute between the parties”: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29[116]-[117] (Lewison LJ). Reviewing the judgment on the issue of reasonable belief I see no flaw that undermines its cogency.…”
- Cited — MDW Holdings Limited v James Robert Horvill & Ors. 2022-06-28
“…reminded us with some justification of the dangers of “island hopping” to which Lewison LJ made reference in Fage UK Ltd v Chobani UK Ltd at [2014] EWCA Civ 5, [2014] FSR 29, at paragraph 114.…”
- Cited — The Mayor and Burgesses of the London Borough of Tower Hamlets v Ali Jivaraj Khan 2022-06-21
“… as a trial is “not a dress rehearsal” but “the first and last night of the show” (as Lewison LJ pointed out in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29, at paragraph 114), so the hearing of the Council’s application before the District Judge was “not a dress rehearsal” and nor was the hearing of Mr Khan’s appe…”
- Cited — Gabriele Volpi & Anor. v Matteo Volpi 2022-04-05
“…y be found in Piglowska v Piglowski [1999] 1 WLR 1360; McGraddie v McGraddie [2013] UKSC 58, [2013] 1 WLR 2477; Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29; Henderson v Foxworth Investments Ltd [2014] UKSC 41, [2014] 1 WLR 2600; Elliston v Glencore Services (UK) Ltd [2016] EWCA Civ 407; JSC BTA Bank v Ablyazov [20…”
- Cited — Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation 2022-03-29
“…As Lewison LJ observed in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29, at paragraph 114, “The trial is not a dress rehearsal. It is the first and last night of the show”. Even so, this Court sometimes allows new points to be take…”
- Cited — Campbell v Advantage Ins 2021-11-15
“…hat he did. There is nothing to show that there were any justiciable errors of the type contemplated by Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5; [2014] FSR 29 made by the judge in his decision making which would entitle this court to interfere with the findings of fact.…”
- Applied — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…overturn findings of fact (including inferences drawn from findings of primary fact) unless compelled to do so: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114]. Those observations have been approved and applied many times.…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…, be made to McGraddie v McGraddie [2013] UKSC 58, [2013] 1 WLR 2477, especially at [1] – [4] per Lord Reed and Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114] – [116] per Lewison LJ. For present purposes, it is sufficient to cite from Lord Reed’s judgment in Henderson v Foxworth Investments Ltd [2014] UKSC 4…”
- Cited — E Mishan & Sons, Inc v Hozelock Ltd & Ors 2020-07-08
“…submissions to this Court, counsel for Emson resorted to some island-hopping (to use Lewison LJ’s expression in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29) to parts of the evidence. Leaving aside the objection to this as a matter of principle, the evidence did not assist him.…”
- Cited — Staechelin & Ors v ACLBDD Holdings Ltd & Ors 2019-05-14
“…If I may repeat something I have said before (Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114]):…”
- Explained — Regeneron Pharmaceuticals, Inc v Kymab Ltd & Anor 2018-03-28
“…mprovement called the 3hVH vector, as Kymab appears to have suggested. Nevertheless, as Lewison LJ explained in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] FSR 29 at [114], appellate courts have been repeatedly warned by decisions at the highest level not to interfere with findings of fact by trial judges unless compelle…”