- Cited — CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs & Anor 2023-05-05
“…osed to fanciful prospect of success which is one that is more than merely arguable and carries some degree of conviction: ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472. A claim does not have such a prospect where (a) it is possible to say with confidence that the factual basis for the claim is fanciful because it is entirely …”
- Applied — CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs & Anor 2023-05-05
“…ons to amend as such, but rather on the principles applicable to summary judgment and setting aside default judgments. In ED&F Man Liquid Products Ltd v. Patel [2003] EWCA Civ 472, [2003] CP Rep 51, Potter LJ (with whom Peter Gibson LJ agreed) said this when comparing the test for summary judgment with that which applies to an applicatio…”
- Cited — Mackie Motors (Brechin) Limited v RCI Financial Services Limited 2023-05-04
“…osed to fanciful prospect of success which is one that is more than merely arguable and carries some degree of conviction: ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472. A claim does not have such a prospect where (a) it is possible to say with confidence that the factual basis for the claim is fanciful because it is entirely …”
- Cited — BB & Ors. v Doha Bank Limited 2023-03-08
“…iction, and the pleading must be supported by evidence which establishes a factual basis which meets the merits test: see ED& F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [8]; Elite Property Holdings Ltd v Barclays Bank Plc [2019] EWCA Civ 204 at [41] and [42]; Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33 …”
- Cited — Seema Ashraf v Lester Dominic Solicitors & Ors 2023-01-13
“…articularly if contradicted by contemporary documents: Optaglio v Tethal [2015] EWCA Civ 1002 at [31] per Floyd LJ (citing ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [10]).…”
- Cited — MARANELLO ROSSO LIMITED v LOHOMIJ BV 2022-12-21
“…as capable of being rejected on a summary basis as being inherently incredible and/or without substance: see, for example, ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [8]. The Judge was not bound to abandon his critical faculties: Calland v Financial Conduct Authority [2015] EWCA Civ 192 at [29].…”
- Cited — Corinna Zu Sayn-Wittgenstein-Sayn v His Majesty Juan Carlos Alfonso Victor María de Borbón y Borbón 2022-12-06
“…ction; and the pleading must be supported by evidence which establishes a factual basis which meets the merits test: see ED & F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [8]; Elite Property Holdings Ltd v Barclays Bank Plc [2019] EWCA Civ 204 at [41] and [42]; Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33 …”
- Cited — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…mmary judgment application. A realistic chance is one that carries some degree of conviction and is more than merely arguable: ED&F Man Liquid Products v Patel [2003] EWCA Civ 472 at [8]. However, the court must take into account evidence that can reasonably be expected to be available at trial, as well as the evidence before it, and sho…”
- Cited — Loveridge v Loveridge 2021-11-19
“…“18. …(1) It is not enough that the claim is merely arguable; it must carry some degree of conviction: ED & F Man Liquid Products Ltd v Patel[2003] EWCA Civ 472 at paragraph 8; Global Asset Capital Inc. v Aabar Block SARL[2017] 4 WLR 163 at paragraph 27(1).…”
- Cited — Promontoria (Oak) Ltd v Nicholas Michael Emanuel & Anor. 2021-11-18
“…ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472…”
- Cited — Begum v Maran (UK) Ltd 2021-03-10
“…l” prospect of success: Swain v Hillman [2001] 1 All ER 91. A realistic claim is one that carries some degree of conviction: ED & F Man Liquid Products v Patel [2003] EWCA Civ 472. But that should not be carried too far: in essence, the court is determining whether or not the claim is “bound to fail”: Altimo Holdings v Kyrgyz Mobil Tel L…”
- Cited — Kawasaki Kisen Kaisha Ltd v James Kemball Ltd 2021-01-18
“…It is not enough that the claim is merely arguable; it must carry some degree of conviction: ED & F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at paragraph 8; Global Asset Capital Inc. v Aabar Block SARL [2017] 4 WLR 164 at paragraph 27(1).…”
- Cited — CFH Clearing Ltd v Merrill Lynch International 2020-08-14
“…ii) A “realistic” claim is one that carries some degree of conviction. This means a claim that is more than merely arguable: ED & F Man Liquid Products v Patel [2003] EWCA Civ 472 at [8]; iii) In reaching its conclusion the court must not conduct a “mini-trial”:…”
- Cited — Price & Ors v Flitcraft Ltd & Ors 2020-07-09
“…A ‘realistic’ claim is one that carries some degree of conviction. This means a claim that is more than merely arguable: ED & F Man Liquid Products v Patel [2003] EWCA Civ 472 at [8]…”
- Cited — JP Morgan Chase Bank NA v The Federal Republic of Nigeria 2019-10-08
“…n an application for summary judgment under CPR 24.2, citing the well-known cases of Swain v Hillman [2001] 2 All ER 91, ED & F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, at [10], Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15], and Daniels v Lloyds Bank plc [2018] EWHC 660 (Comm), [2018] IRLR 813, at [48].…”
- Cited — General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd & Ors 2018-10-31
“… a mini-trial” (as Lord Woolf MR pointed out in Swain v Hillman [2001] 1 All ER 91, at 95), but also (as Potter LJ said in ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, at paragraph 10) that:…”
- Cited — Okpabi & Ors v Royal Dutch Shell Plc & Anor (Rev 1) 2018-02-14
“…nts at face value and determining whether an arguable case had been demonstrated. Paragraph 10 of Potter LJ’s judgment in ED&F Man Liquid Products Ltd v. Patel [2003] EWCA Civ 472 (with which Peter Gibson LJ agreed) suggested that “where there are significant differences between the parties so far as factual issues are concerned, the cou…”