- Cited — George David Clements-Siddall v Dunbobbin Hotels Limited 2023-11-07
“…identify the issues that arise in the litigation, so that each has the opportunity of responding to the points raised by the other: see Al-Medeni v Mars UK Ltd [2005] EWCA Civ 1041 at [21] per Dyson LJ;…”
- Cited — Decision Inc Holdings Proprietary Limited & Anor v Stephen Garbett & Anor 2023-11-03
“…Was it nevertheless open to the Judge to take the course he did? The cases to which we were referred in this context included Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041 (“Al-Medenni”), UK Learning Academy Ltd v Secretary of State for Education [2020] EWCA Civ 370 (“UK Learning Academy”), Satyam Enterprises Ltd v Burton [2021] …”
- Cited — Decision Inc Holdings Proprietary Limited & Anor v Stephen Garbett & Anor 2023-11-03
“…e judge’s function which is to try the issues the parties have raised before him. The relevant principles were stated by this court in Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041 ….…”
- Cited — Andrew McCarthy v William Allan Jones & Anor. 2023-05-25
“…ase. Lord Phillips MR said much the same thing in Loveridge v Healey [2004] EWCA Civ 173, [2004] CP Rep 30 at [23]; as did Dyson LJ in Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041 at [21]. Likewise in Sainsbury's Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24, [2020] Bus LR 1196 the Supreme Court said at [242]:…”
- Cited — Recovery Partners GP Limited & Anor. v Irakli Rukhadze & Ors. 2023-03-21
“…al contentions for 50% or zero, was not entitled to choose a figure in between. That is not a valid criticism. This was not a case like Al-Medenniv Mars UK Ltd [2005] EWCA Civ 1041, on which Mr Weisselberg relied, in which the judge decided the case on the basis of a theory as to what had happened which had not been pleaded or clearly rel…”
- Cited — Satyam Enterprises Ltd v Burton & Anor 2021-03-08
“…e judge’s function which is to try the issues the parties have raised before him. The relevant principles were stated by this Court in Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041. There the trial judge…”
- Cited — The Racing Partnership Ltd & Ors v Sports Information Services Ltd 2020-10-09
“…In Al-Medenni v Mars UK Ltd [2005] EWCA Civ 1041 Dyson LJ said at [21]:…”
- Cited — Britned Development Ltd v ABB AB And ABB Ltd 2019-10-31
“…n to the judge to take the point and substitute his own figure for that of the experts. In his written submissions, he also relied upon Al-Medenniv Mars UK Ltd [2005] EWCA Civ 1041, per Dyson LJ at [21], in this regard. As a corollary, he submits that there was no evidence indicating that the use of the lower figure was appropriate. He al…”