- Cited — Kanwarjit Singh Juj v John Lewis Partnership Plc 2023-12-21
“…on of those facts and to inferences to be drawn from them. (Staechelin & others v ACLBDD Holdings Ltd [2019] EWCA Civ 817 at [29], Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5). An appellate court should not interfere with the trial judge’s conclusions on primary facts unless it is satisfied that the judge was plainly wrong: McGraddi…”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…hole of the sea of 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 evidenc…”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…ourt of a judge’s findings 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 w…”
- Cited — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“…[2014] EWCA Civ 5…”
- Cited — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“…urt. Just as the trial of an action is not a dress rehearsal for an appeal (see the well-known metaphor of Lord Justice Lewison in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114]), neither is an application to set aside an order for service out of the jurisdiction. In general an appellant will not be permitted to rely on materi…”
- 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 — EY (Fact-finding hearing), Re 2023-10-27
“…the evidence. It is important to bear in mind the limited powers of this Court in these circumstances, summarised by Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at paragraphs 114-115 and in Volpi and another v Volpi [2022] EWCA Civ 464 at paragraph 2. An appellate court must not interfere with findings of fact by trial…”
- Cited — Darty Holdings SAS v Geoffrey Carton-Kelly 2023-10-09
“…te court adopts in 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 …”
- Cited — MXX v A Secondary School 2023-08-25
“…ot only to findings of primary facts but also to the evaluation of those facts and to inferences to be drawn from them. In Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5; [2014] ETMR 26, Lewison LJ at [114] identified the reasons for this approach which include:…”
- Considered — Re B (A child) (Fact-finding) 2023-07-31
“… with findings of fact by trial judges unless compelled to do so, citing the familiar passages from the judgments of Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at paragraphs 115 to116 and Volpi and another v Volpi [2022] EWCA Civ 464 (considered below).…”
- Cited — Re B (A child) (Fact-finding) 2023-07-31
“…peal against findings of fact as identified and repeated many times by courts at the highest level and summarised by Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at paragraphs 114-115 and in Volpi and another v Volpi [2022] EWCA Civ 464 at paragraph 2. An appellate court must not interfere with findings of fact by trial…”
- Cited — Braceurself Limited v NHS England 2023-07-14
“…rmission to appeal, may give rise to the concern that they strayed into areas which were the sole preserve of the trial judge (see Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] F.S.R. 29 at [114]). However, we make clear that we have formed no view as to the merits of those points one way or the other, and therefore cannot say…”
- Cited — U3 v Secretary of State for the Home Department 2023-07-14
“…d not succeed on the 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 …”
- 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…”
- Cited — Deutsche Bank AG (London Branch) v Central Bank of Venezuela & Ors 2023-06-30
“…parts of the evidence, 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 — Re T & Ors (Children) (Adequacy of Reasons) 2023-06-29
“…y, it is recognised that ground 1 is the “key ground”. Ms McMeechan and Mr Prout cite the well-known observations of Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, in particular paragraph 114-115:…”
- 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 — T (Fact-Finding: Second Appeal) 2023-05-05
“…f the proper approach of an appellate court to a decision of fact by a court of first instance is in the judgment of Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5:…”
- Cited — Quadra Commodities SA v XL Insurance Company SE & Ors 2023-04-21
“…[2014] EWCA Civ 5 at [114] where he also said: “…”
- Applied — Re T (Children) (Jurisdiction: Matrimonial Proceedings) 2023-03-17
“…y of Nigeria [2022] UKSC 16 and AR v ML (Financial Remedies: Finality of Judgment) [2020] 1 FLR 523, in which Mostyn J referred to FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] FSR 2. It was also submitted that the 1996 Convention applied so that the mother could not rely on section 2(1)(b)(i) and that, if that provision did a…”
- Cited — Arron Banks v Carole Cadwalladr 2023-02-28
“…ive explanations of why it is generally inappropriate for an appellate court to second-guess the trial judge on questions of fact (Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] ETMR 26 at [114] (Lewison LJ) and Biogen Inc v Madeva Plc [1997] RPC 1 at [45] (Lord Hoffmann)). I am very mindful of the general principle of appellat…”
- Cited — Deutsche Bank AG v Sebastian Holdings Inc & Anor 2023-02-24
“…ejected by Morris J, there can be no basis for seeking to reargue them in this court. To borrow the words of Lewison LJ in Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5 at [114], the hearing in front of Morris J was not a dress rehearsal. It was the first and last night of the show. Findings of fact made by the judge below wil…”
- Cited — Deutsche Bank AG v Sebastian Holdings Inc & Anor 2023-02-24
“…own view of the facts. Duplicating the role of the trial judge is not the function of the appellate court, and cannot be done: FAGE (UK) Ltd v Chobani (UK) Ltd [2014] EWCA Civ 5 at [114] per Lewison LJ.”…”
- Cited — Re H (Parents with Learning Difficulties: Risk of Harm) 2023-02-02
“…ured expectations of a judge when giving the reasons for his decision. A frequently cited example is the judgment of Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at paragraph 115:…”
- Cited — RACHEL RILEY v MICHAEL SIVIER 2023-02-01
“…preme Court’s decision 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].…”
- Followed — Alison Kynaston-Mainwaring v GVE London Limited 2022-10-19
“…is appeal are those relating to challenges to findings of fact. The proper approach was authoritatively explained by Lewison LJ in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] ETMR 26 as follows:…”
- Cited — Business Mortgage Finance 4 Plc & Ors v Rizwan Hussain 2022-10-04
“…[2014] EWCA Civ 5 at [114] per Lewison LJ.…”
- 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 …”
- Cited — Rachel Riley v Laura Murray 2022-08-11
“…ss every argument or 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 — CK (A Child: Fact-finding) 2022-07-13
“…e is to my mind no basis on which this Court could find that she was wrong in coming to this conclusion. As Lewison LJ observed in Fage UK Ltd v Chobani UL Ltd [2014] EWCA Civ 5 at paragraph 114,…”
- Cited — MDW Holdings Limited v James Robert Horvill & Ors. 2022-06-28
“…onnection, Mr Sims 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 — Zohra Khan v Tariq Mehmood & Anor. 2022-06-21
“…cent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so” (Lewison LJ in Fage UK Ltd v Chobani UL Ltd [2014] EWCA Civ 5 at [114]).…”
- Cited — The Mayor and Burgesses of the London Borough of Tower Hamlets v Ali Jivaraj Khan 2022-06-21
“…he other hand, just 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…”
- Cited — Iman Said Abdul Al-Rawas & Anor v Hassan Khan & Co (A Firm) & Anor 2022-05-17
“…ejected by Morris J, there can be no basis for seeking to reargue them in this court. To borrow the words of Lewison LJ in Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5 at [114], the hearing in front of Morris J was not a dress rehearsal. It was the first and last night of the show. Findings of fact made by the judge below wil…”
- Cited — The Secretary of State for Transport v Elliott Cuciurean 2022-05-16
“…urt. Just as the trial of an action is not a dress rehearsal for an appeal (see the well-known metaphor of Lord Justice Lewison in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114]), neither is an application to set aside an order for service out of the jurisdiction. In general an appellant will not be permitted to rely on materi…”
- Cited — AAA & Anor v CCC 2022-04-07
“…ich is appropriate in relation to all appeals in relation to decisions arrived at after a multi-factorial evaluation of the facts: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, in particular, at [114] and [115] and Re Sprintroom Ltd [2019] EWCA Civ 932.…”
- Cited — Gabriele Volpi & Anor. v Matteo Volpi 2022-04-05
“…ns is needed, it may 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…”
- Cited — Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited 2022-04-04
“…ce for those matters to be resolved: it was, in Lewison LJ’s memorable phrase “the first and last night of the show”: see Fage UK Ltd v Chobani Ltd and another [2014] EWCA Civ 5. The court must also avoid what he called “island hopping”, particularly where the potential issues of fact arose primarily, not out of the appeal (where permi…”
- Cited — Samsung Electronics Co. Ltd & Ors. v LG Display Co. Ltd & Anor. 2022-04-01
“…urt. Just as the trial of an action is not a dress rehearsal for an appeal (see the well-known metaphor of Lord Justice Lewison in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114]), neither is an application to set aside an order for service out of the jurisdiction. In general an appellant will not be permitted to rely on materi…”
- 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 po…”
- Cited — GARETH HUGHES v CARYS PRITCHARD 2022-03-24
“…e as a whole. Accordingly, this court should be wary of interfering with it for all the well- known reasons given by Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114]- [115]. As May LJ (who gave the judgment of the court) stated in Sharp v Adam [2006] EWCA Civ 449 at [95]:…”
- Applied — Nihal Mohammed Kamal Brake v Geoffrey William Guy 2022-03-02
“…or the judge at first instance. An appeal court will not interfere with findings of fact by trial judges unless compelled to do so: Fage UK Ltd v Chobani UL Ltd[2014] EWCA Civ 5, Re Sprintroom Ltd[2019] EWCA Civ 932.This applies “not only to findings of primary fact, but also to the evaluation of those facts and to inferences to be dra…”
- Cited — Mark Byers v The Saudi National Bank 2022-01-27
“…dge’s findings of fact on an appeal to this Court, and the reasons for it, were set out in the well-known judgment of Lewison LJ in FAGE UK Ltd v Chobani UK Ltd[2014] EWCA Civ 5 at paragraph 114:…”
- Cited — Campbell v Advantage Ins 2021-11-15
“… findings of fact that 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.…”
- Cited — Donovan & Anor v Grainmarket Asset Management LLP 2021-05-12
“… objected strongly. The normal rule is that a party must advance its whole case at trial. In the memorable phrase of Lewison LJ in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114], “The trial is not a dress rehearsal. It is the first and last night of the show”. Although new points are sometimes permitted to be advanced for the …”
- Cited — Zurich Insurance PLC v Niramax Group Ltd 2021-04-23
“… court will not readily interfere with the findings of fact of a trial judge, for the well-known reasons articulated by Lewison LJ in Fage UK Ltd v Chobani Ltd [2014] EWCA Civ 5 at [114], all of which are applicable in this case. What Mr Penny would have done if disclosure had been made was something which the Judge was immeasurably in…”
- Cited — Depp II v News Group Newspapers Ltd & Anor 2021-03-25
“…al judge has had the advantage of seeing the witnesses giving their evidence. As Lewison LJ put it at para. 114 of his judgment in FAGE UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5:…”
- Applied — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…l court should not 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 — Clin v Walter Lilly & Co. Ltd 2021-02-08
“…(See Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5 at [114].)…”
- Cited — Lowe v The Secretary of State for the Home Department 2021-01-25
“…s incorrect, he qualified the submission in a manner to which I will return. Yet again, the well-known judgment of Lewison LJ in Fage UK Ltd. v Chobani UK Ltd. [2014] EWCA Civ 5 at [114] is relevant.…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…ce may, for example, 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 Lt…”
- Cited — Assetco Plc v Grant Thornton UK LLP 2020-08-28
“…Graddie per Lord Reed at [3]-[4]. These are among the factors to which Lewison LJ referred in a well-known part of his judgment in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] ETMR 26. As he said at [114]: “Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fa…”
- Cited — Hoareau & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs 2020-07-30
“…nto account the whole "sea of the evidence” rather than indulged in impermissible "island hopping" to parts only of the evidence: compare Fage v Chobani UK Ltd [2014] EWCA Civ 5. In this case at first instance the claim proceeded over five full days, whereas the appeal lasted three full days. Further there were 16 open bundles of docum…”
- Cited — M (A Child) 2020-07-17
“…hould be very slow to interfere. She relied on the frequently quoted passage from Lewison LJ’s judgment in FAGE UK Ltd and Another v Chobani UK Ltd and Another [2014] EWCA Civ 5 and on Re F [2016] EWCA Civ 546 and submitted that there was no basis on which this court could interfere with the judge’s findings, which were open to him on …”
- Cited — E Mishan & Sons, Inc v Hozelock Ltd & Ors 2020-07-08
“… this stage in his 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 — S (Children) 2020-04-09
“…“Of particular resonance therefore are the words of Lewison LJ in Fage v Chobani UK Ltd [2014] EWCA Civ 5:…”
- Overruled — Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor 2020-03-18
“…In Fage UK Ltd v. Chobani UK [2014] EWCA Civ 5, Lewison LJ said the following about overruling inferences to be drawn from primary facts, which is of particular relevance in this case:-…”
- Cited — Schembri v Marshall 2020-03-10
“…nt’s counsel pointed out, the appeal is not a retrial and “island hopping” over passages in the transcripts (c.f. per Lewison LJ in Fage UK Ltd. v Chobani Ltd. [2014] EWCA Civ 5, at [114]-[115]) in which we were invited to indulge by the Appellant, did not, in my view, undermine the trial judge’s overall assessment of all the evidence,…”
- Cited — Kalma & Ors v African Minerals Ltd & Ors 2020-02-17
“…Moreover, in the cases summarised by Lewison LJ in Farge UK Limited and Another v Chobani and Another [2014] EWCA Civ 5, various practical reasons are set out for why this should be so. Amongst other things, Lewison LJ noted that, whilst the trial judge will have regard to the w…”
- Cited — Farrar & Anor v Rylatt & Ors 2019-11-08
“…As Lewison LJ noted in Fage UK Limited and another v Chabani Limited and another [2014] EWCA Civ 5 at paragraph 114:…”
- Cited — Britned Development Ltd v ABB AB And ABB Ltd 2019-10-31
“…so we need not rehearse them at length. As has now become customary, we were referred to the observations of Lewison LJ in Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5, [2014] E.T.M.R 26, at [114] to [115], where he referred to the reasons for this approach as including:…”
- Followed — Prescott v Potamianos & Anor 2019-06-06
“…Again, the position is so well summarised by Lewison LJ in his well-known judgment in Fage UK Ltd. & anor. v Chobani UK Ltd. & anor. [2014] EWCA Civ 5,at paragraph 114, as follows:…”
- 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]):…”
- Cited — Lachaux v Lachaux 2019-05-01
“…in a number of cases including McGraddie v McGraddie [2013] 1 WLR 2477, Henderson v Foxworth Investments Ltd [2014] 1 WLR 2600 and Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5. There is no basis on which this court would be entitled to conclude that the judge had made, what Lord Reed in Henderson v Foxworth Investments Ltd, at…”
- Cited — Goldscheider v Royal Opera House Covent Garden Foundation 2019-04-17
“… overview of the medical issues as good as, let alone better, than that of the trial judge. As Lewison LJ said in FAGE UK Ltd. & anor. v Chobani UK Ltd. & anor [2014] EWCA Civ 5, at paragraph 114 (iv):…”
- Cited — Group Seven Ltd & Anor v Notable Services LLP & Anor (Rev 2) 2019-04-11
“…[2014] EWCA Civ 5…”
- Cited — Harcus Sinclair LLP v Harcus Sinclair UK Lte 2019-03-05
“… an impermissible attack on the judge’s detailed findings of fact. He drew attention to Lewison LJ’s well-known dictum in FAGE UK Limited v. Chobani UK Limited [2014] EWCA Civ 5at paragraph 114, where he said that “[a]ppellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fa…”
- Cited — Y and E (Children) (Sexual Abuse Allegations), Re 2019-02-21
“…e Piglowska v Piglowski[1999] 1 WLR 1360,ReB (A Child) (Care Proceedings: Threshold Criteria)[2013] UKSC 33 [2013] 1 WLR 1911, and Fage UK Ltd v Chobani UL Ltd [2014] EWCA Civ 5. In the last-named case, Lewison LJ reiterated (at paragraph 114) that this extends “not only to findings of primary fact, but also to the evaluation of those …”
- Cited — A (Children) 2019-02-01
“…We were referred to English v Emery Reimbold & Strick Ltd [2002] 1 WLR 2409 and to Fage UK Ltd & Another v Chobani UK Ltd & Another [2014] EWCA Civ 5 but it is not necessary to cite any passages from those decisions.…”
- Cited — McDonald v Rose & Ors 2019-01-15
“… Ltd [2014] UKPC 21, [2014] 4 All ER 418, at [17] per Lord Hodge. To this may be added the passage from the judgment of Lewison LJ in Fage UK Ltd v Chobani Ltd [2014] EWCA Civ 5 at [114], justifiably often cited, which refers, among other considerations, to:…”
- Considered — SR (A Child), Re 2018-12-06
“…al judge unless compelled to do so, for the reasons identified by the Supreme Court and this court on many occasions, including in Fage UK Ltd v Chobani UL Ltd [2014] EWCA Civ 5 per Lewison LJ at paragraphs 114 – 115. In this case, however, I consider that the judge fell into error in her assessment of the evidence in a way which compe…”
- Cited — Moore v Moore & Anor 2018-11-27
“…l known, although not cited to us, are the observations of Lewison LJ in the “Greek Yoghurt” case, FAGE UK Limited and Another v Chobani UK Limited and Another [2014] EWCA Civ 5 at [114]:…”
- Cited — Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd 2018-10-18
“… approach of an appellate court to appeals on questions of fact was memorably summarised by Lewison LJ in Fage UK Limited & Another v Chobani Limited & Another [2014] EWCA Civ 5. In paragraph 114, he said:…”
- Cited — Wheeldon Brothers Waste Ltd v Millennium Insurance Company Ltd 2018-10-18
“…ns why appellate courts are warned not to interfere with findings of fact unless compelled to do so as enumerated by Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5……”
- Cited — Euro-Asian Oil SA v Credit Suisse AG & Ors 2018-07-25
“…ing reasons to the contrary. The reasons for this diffidence have been set out in the judgment of Lewison LJ in Fage UK Ltd and anor v. Chobani UK Ltd and anor [2014] EWCA (Civ) 5 at [114], and include:…”
- Cited — Gempride Ltd v Bamrah & Anor 2018-06-21
“…oses of CPR rule 44.11. Relying on cases such as Watt v Thomas [1947] AC 484 and the more recent judgment of Lewison LJ in FAGE UK Limited v Chobani UK Limited [2014] EWCA Civ 5; [2014] CTLC 49 at [114], Mr Singh submitted that this was essentially a challenge to the judge’s findings of fact, including findings he made which involved e…”
- Cited — A P Racing Ltd v Alcon Components Ltd 2018-06-21
“…canvassed before the judge. As I have said before, the trial is not a dress rehearsal: it is the first and last night of the show: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] F.S.R. 29 at [114].…”
- Cited — SS (Sri Lanka), R (On the Application Of) v The Secretary of State for the Home Department 2018-06-15
“…onsiderations of cost and the efficient use of judicial resources and the expectation of the parties that, as Lewison LJ put it in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, para 114(ii): “The trial is not a dress rehearsal. It is the first and last night of the show.”…”
- Cited — JSC BTA Bank v Ablyazov & Anor 2018-05-22
“…The same point has been made using a different metaphor by Lewison LJ in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, para 114(ii), when he said:…”
- Cited — Openwork Ltd v Forte 2018-04-18
“…Mr Ramel deployed the well-known observations of Lewison LJ in Fage UK Ltd v. Chobani UK Ltd [2014] EWCA Civ 5 [114] on the caution with which the Court of Appeal ought to approach invitations to interfere with the findings of fact made by trial judges. He did so in the…”
- Explained — Regeneron Pharmaceuticals, Inc v Kymab Ltd & Anor 2018-03-28
“…n of a particular improvement 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 …”
- Cited — Constandas v Lysandrou & Ors 2018-03-27
“… kind of “island-hopping” from one piece of evidence to another in the way which Lewison LJ cautioned against in FAGE UK Limited & anor v Chobani UK Ltd & anor [2014] EWCA Civ 5 at [114].…”
- Cited — Dunhill v W. Brook & Co. (A Firm) 2018-03-15
“…r in mind the appropriate deference to which the views of the judge are entitled. This necessary injunction has been emphasised in Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] ETMR 26 per Lewison LJ in terms (at para [114]):…”
- Applied — DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions 2018-03-15
“…re has been “island hopping” over the “sea of evidence” on the subject, to invoke the terminology that was used by Lewison LJ in Fage UK Ltd. v Chobani UK Ltd. [2014] EWCA Civ 5 at [114]. The appeal in that case was after a trial on oral evidence, but the same applies, in my judgment, in a case where substantial written evidence has be…”
- Cited — Property Alliance Group Ltd v The Royal Bank of Scotland Plc 2018-03-02
“…We cannot refrain from reiterating the warning that many judges have now given about the risk of “island-hopping”, see Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, paragraph 114, and Watson Farley &Williams v Ostrovizky [2015] EWCA Civ 457, paragraph 9. Mr Lord’s attempt to focus on some parts of days of evidence and som…”
- Cited — Whiting v First/Keolis Transpennine Ltd 2018-01-17
“…iety General Insurance Limited v Hamid and Khalid [2017] EWCA Civ 201, in which he reviewed previous authorities including Fage UK Limited v Chobani UK Limited [2014] EWCA Civ 5 at [114]-[115], and confirmed at [28] that appellate courts will not interfere with findings of fact by trial judges “unless compelled to do so”. The approach …”