- Cited — Kei Kin Hung v Hua She Asset Management (Shanghai) Company Limited 2023-12-13
“…ndermines the cogency of the conclusion. It is not enough if this court might have arrived at a different evaluation. See Re Sprintroom Ltd [2019] EWCA Civ 932 [2019] BCC 1031 at [72]-[78].…”
- Cited — FN (Burundi) v Secretary of State for the Home Department 2023-11-16
“…consistency, or a failure to take account of some material factor, which undermines the cogency of the conclusion’”: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031, at paragraph 76, per McCombe, Leggatt and Rose LJJ.…”
- Applied — Rehana Azhar v All Money Matters T/A TFC Home Loans 2023-11-16
“…n appeal against an evaluative decision, an appeal court applies the approach explained in the judgment of this court in Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [76]:…”
- Explained — Zedra Fiduciary Services (UK) Limited v HM Attorney General 2023-11-15
“…The approach of an appeal court to a decision of that kind is explained in the judgment of this court in Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [76]:…”
- Cited — Balwant Singh Gill v Jashpal Singh Thind & Ors 2023-11-02
“…l submitted that this was an evaluative decision which could be disturbed in accordance with the principles discussed in Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ). I disagree: the finding was a finding of fact rather than an evaluative decision. It makes no difference which st…”
- Cited — EasyGroup Limited v Nuclei Limited & Ors 2023-10-27
“…rinciple: compare Actavis Group PTC EHF v ICOS Corp [2019] UKSC 15, [2019] Bus LR 1318 at [78]-[81] (Lord Hodge) and see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ). easyGroup contends that the judge erred in principle in a number of respects.…”
- Cited — Patley Wood Farm LLP & Ors v Kristina Kicks & Anor 2023-07-28
“… of consistency or a failure to take account of some material factor, that undermines the cogency of the conclusion: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ, as they then were).…”
- Cited — Teva Pharmaceutical Industries Limited & Anor v Astellas Pharma Inc 2023-07-25
“…78]-[81] (Lord Hodge). This accords with the general approach of this Court to appeals against evaluative decisions: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ).…”
- Cited — Advanced Bionics AG & Anor v Med-El Elektromedizinische Geräte GmbH 2023-06-09
“…78]-[81] (Lord Hodge). This accords with the general approach of this Court to appeals against evaluative decisions: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ).…”
- Considered — Richard Stoute & Anor v News Group Newspapers Limited 2023-05-19
“…e Weller at [56]-[58]. This accords with the general approach of this Court to appeals against evaluative decisions: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ). Similar principles are applicable to the judge’s exercise of his discretion when considering the balance of the r…”
- Cited — Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company 2023-05-04
“…rinciple: compare Actavis Group PTC EHF v ICOS Corp [2019] UKSC 15, [2019] Bus LR 1318 at [78]-[81] (Lord Hodge) and see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ). Counsel for BMS sought to get round this difficulty by arguing that the limited matters which BMS now relied upon…”
- Cited — David McClean & Ors. v Andrew Thornhill KC 2023-04-28
“…[2019] BCC 1031…”
- Cited — Match Group, LLC & Ors. v Muzmatch Limited & Anor. 2023-04-27
“…rinciple: compare Actavis Group PTC EHF v ICOS Corp [2019] UKSC 15, [2019] Bus LR 1318 at [78]-[81] (Lord Hodge) and see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ). The Defendants have permission to appeal against the finding of a likelihood of confusion on three grounds.…”
- Cited — Optis Cellular Technology LLC & Ors v Apple Retail U.K. Limited & Ors 2023-04-25
“…78]-[81] (Lord Hodge). This accords with the general approach of this Court to appeals against evaluative decisions: see Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [72]-[78] (McCombe, Leggatt and Rose LJJ).…”
- Cited — Arron Banks v Carole Cadwalladr 2023-02-28
“…entify a “flaw in the judge’s treatment of the question to be decided … which undermines the cogency of the conclusion”: Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 at [76]. Hence, a judicial determination of whether the serious harm requirement is satisfied will “rarely” be disturbed in the absence of an “error of princip…”
- Cited — Urenco Chemplants Limited & Anor v The Commissioners for His Majesty's Revenue and Customs 2022-12-01
“…Similarly, in Re Sprintroom Ltd, Prescott v Potamianos, Potamianos v Prescott [2019] EWCA Civ 932, [2019] 2 BCLC 617, [2019] BCC 1031 this court said at [76]:…”
- Cited — Joy Irene Dooley & Ors v Castle Trust & Management Services Limited 2022-11-30
“…cy, or a failure to take account of some material factor which undermines the cogency of the conclusion (see for example Re Sprintroom Ltd [2019] EWCA Civ 932; [2019] BCC 1031 at [76]).…”
- Applied — Rachel Riley v Laura Murray 2022-08-11
“…k of consistency, or a failure to take account of some material factor, which undermined the cogency of the conclusion”: Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] BCC 1031 [76]. That is still a fairly demanding test. I would add that in applying it the court should bear in mind that a judgment given after a trial does not have to…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…stency, or a failure to take account of some material factor which undermines the cogency of the conclusion (see for example Re Sprintroom [2019] EWCA Civ 932, [2019] BCC 1031 at para. [76]).…”
- Cited — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-03-24
“…isagreement is possible (see for example G v G [1985] 2 All ER 225; [1985] 1 WLR at 652 E-F and Prescott v Potaminanos (Re Sprintroom Ltd) [2019] EWCA Civ 932; [2019] BCC 1031 at [76]).…”
- Cited — The Public Institution for Social Security v Banque Pictet & CIE SA & Ors. 2022-01-26
“…stency, or a failure to take account of some material factor which undermines the cogency of the conclusion (see for example Re Sprintroom [2019] EWCA Civ 932; [2019] BCC 1031 at [76]). Thirdly, as indicated, jurisdiction challenges should be resolved as swiftly and succinctly as possible, reflecting the fact that the court is not re…”
- Cited — Loveridge v Loveridge 2021-11-19
“…her an offer complies with O’Neill v Phillips guidelines is not by itself determinative. As the Court of Appeal stated in Re Sprintroom Ltd[2019] EWCA Civ 932; [2019] BCC 1031 at [129], judges have “counselled against treating the reasonableness of an offer as being a trump card in the hands of the respondent majority shareholder”. T…”
- Cited — MP, R (On the Application Of) v Secretary of State for Health And Social Care 2020-12-03
“…n the application of R) v Chief Constable of Greater Manchester [2018] UKSC 47, [2018] 1 WLR 4079, at paragraph 64, and also Re Sprintroom [2019] EWCA Civ 932, [2019] BCC 1031, at paragraphs 76 and 77). Absent such a deficiency, it is not for us to make our own assessment (compare in this respect the passage from Sedley LJ’s judgment…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…dopting the approach set out in Smech Properties Ltd v Runnymede Borough Council [2016] EWCA Civ 42 at paragraph 27, and see Re Sprintroom [2019] EWCA Civ 932, [2019] BCC 1031 at paragraphs 72-78 and R(Hoareau and Bancoult) v Secretary of State for the Foreign and Commonwealth Office [2020] EWCA Civ 1010 at paragraphs 166 and 167. As…”