- Followed — easyGroup Limited v Easy Live (Services) Limited & Ors 2023-12-20
“…follows that this Court is not entitled to interfere with the judge’s conclusion unless it was rationally unsupportable: see Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48 at [2](v) (Lewison LJ). In my judgment it was open to the judge, having regard to the principles discussed in paragraphs 14-21 above, to treat Mr Burnside’s in…”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…n 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-settled principles as to the restraint which an appellate court should exercise before it interferes with a judg…”
- Followed — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“…not a promising starting point for any application for PTA. The general position has been recently restated by Lewison LJ in Volpi v Volpi [2022] EWCA Civ 464; [2022] 4 WLR 48 as follows:…”
- Cited — Balwant Singh Gill v Jashpal Singh Thind & Ors 2023-11-02
“…pted that this was a finding of primary fact, and therefore could only be overturned if it was rationally insupportable: see Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48 at [2] (Lewison LJ, with whom Males and Snowden LJJ agreed). He argued that the judge was wrong for two distinct reasons. First, Mr Gill had made a capital inv…”
- Applied — Darty Holdings SAS v Geoffrey Carton-Kelly 2023-10-09
“… 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 applied by this court in other cases: Kynaston-Mainwaring v …”
- Explained — Disclosure and Barring Service v JHB 2023-08-17
“…Ms Patry also cited paragraph 2 of the decision of this court in Volpi v Volpi [2022] EWCA Civ 464; [2022] 4 WLR 48. This case is only indirectly relevant, for reasons which I will explain in paragraph 95, below. For present purposes, I note two points which Lewison LJ made …”
- Cited — U3 v Secretary of State for the Home Department 2023-07-14
“…n 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 pertinent here.…”
- 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 — Manolete Partners PLC v Ebrahim Dalal 2023-03-14
“…nolete accepts that this ground faces a high hurdle to overcome for the reasons discussed in many recent authorities such as Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48, but it contends that there is an identifiable flaw or gap in the judge’s logic and/or an inconsistent treatment of the evidence.…”
- Cited — Deutsche Bank AG v Sebastian Holdings Inc & Anor 2023-02-24
“…Another recent summary was given by Lord Justice Lewison in Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48:…”
- Cited — Quantum Care Limited & Anor. v Lalit Modi 2023-02-21
“…onsideration. The mere fact that a judge does not mention a specific piece of evidence does not mean that he overlooked it” (Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48, at paragraph 2(iii), per Lewison LJ). “[T]here is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of hi…”
- Followed — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“… summary of the well-established principles which an appeal court should follow on an appeal on a pure question of fact, see Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48, at [2] and [3] (Lewison LJ, with whom Males and Snowden LJJ agreed). In particular, an appeal court should not interfere with the trial judge’s conclusions on…”
- Cited — Vadim Don Benyatov v Credit Suisse (Securities) Europe Ltd 2023-02-17
“…[2022] EWCA Civ 464, [2022] 4 WLR 48, per Lewison LJ at paras. 2-5). As regards the three points summarised above:…”
- Followed — Alison Kynaston-Mainwaring v GVE London Limited 2022-10-19
“…In Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48 Lewison LJ further summarised the principles as follows:…”
- Considered — Brake & Ors v The Chedington Court Estate Ltd 2022-10-10
“…ed judge’s findings of fact reached after careful consideration of all the evidence for all the reasons that I summarised in Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 48. In my judgment, the Brakes have not surmounted those difficulties. I consider that the judge was entitled to find that at the date of the eviction the Brakes …”