- Cited — Kei Kin Hung v Hua She Asset Management (Shanghai) Company Limited 2023-12-13
“…rial factor, which undermines 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
“… in logic, a lack of 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
“…ion. Where there is an 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
“…n. Counsel for Mr Gill 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 di…”
- Cited — EasyGroup Limited v Nuclei Limited & Ors 2023-10-27
“… erred in law or in principle: 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
“… in the logic, a lack 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
“…019] Bus LR 1318 at [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
“…019] Bus LR 1318 at [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
“… reasonably reach: see 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…”
- Cited — Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company 2023-05-04
“… an error of law or principle: 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 BM…”
- Cited — David McClean & Ors. v Andrew Thornhill KC 2023-04-28
“…[2019] EWCA Civ 932…”
- Cited — Match Group, LLC & Ors. v Muzmatch Limited & Anor. 2023-04-27
“… erred in law or in principle: 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 thr…”
- Cited — Optis Cellular Technology LLC & Ors v Apple Retail U.K. Limited & Ors 2023-04-25
“…019] Bus LR 1318 at [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
“…e appellant has to identify 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 …”
- Considered — LA Micro Group (UK) Ltd & Anor v LA Micro Group Inc & Ors. 2023-02-28
“…as a gap in logic, a lack of consistency or a failure to take account of some material factor which undermines the cogency of the conclusion: re Sprintroom Ltd [2019] EWCA Civ 932 at [26] per McCombe LJ. It does not matter, with whatever degree of certainty, that the appellate court considers that it would have reached a different conclu…”
- 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 — Urenco Chemplants Limited & Anor v The Commissioners for His Majesty's Revenue and Customs 2022-12-01
“…gree does not automatically confer immunity from legal challenge. As this court rightly recognised in Cheshire Cavity at [85], referring to the Sprintroom case [2019] EWCA Civ 932, at [76], the decision of the first instance judge may be “wrong by reason of some identifiable flaw in the judge’s treatment of the question to be decided”. T…”
- Cited — Joy Irene Dooley & Ors v Castle Trust & Management Services Limited 2022-11-30
“…, a lack of consistency, 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
“…a gap in logic, a lack 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…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…ogic, a lack of consistency, 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 — Credico Marketing Limited & Anor. v Benjamin Gregory Lambert & Anor. 2022-06-23
“…ow to interfere with the judge’s evaluation. It must be satisfied that the decision was “wrong”: see the detailed discussion of this issue in Re Sprintroom Ltd [2019] EWCA Civ 932; [2019] B.C.C. 1031, paras.72-79. As Lord Carnwath pointed out in R (on the application of R) v Chief Constable of Greater Manchester [2018] UKSC 47; [2018] 1 …”
- Cited — AAA & Anor v CCC 2022-04-07
“…ved 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 — The Good Law Project (R on the application of) v The Secretary of State for Health and Social Care 2022-03-24
“… which a reasonable disagreement 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]).…”
- Applied — Nihal Mohammed Kamal Brake v Geoffrey William Guy 2022-03-02
“…ppeal 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 drawn from them”: per Lewison LJ in Fage …”
- Cited — The Public Institution for Social Security v Banque Pictet & CIE SA & Ors. 2022-01-26
“…ogic, a lack of consistency, 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 th…”
- Cited — Loveridge v Loveridge 2021-11-19
“…However, whether 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 majorit…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…a gap in logic, a lack of consistency, or a failure to take account of some material factor, which undermines the cogency of the conclusion” (Re Sprintroom Ltd [2019] EWCA Civ 932, [2020] BCC 1031 at [76]).…”
- Cited — MP, R (On the Application Of) v Secretary of State for Health And Social Care 2020-12-03
“…usion” (see e.g. R (on 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 Sed…”
- Cited — Haley v Haley 2020-10-23
“…e B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33,[2013] 1 WLR 1911 at [46]; see also Prescott v Potamianos (also known as Re Sprintroom Ltd) [2019] EWCA Civ 932 at [72] – [78]);…”
- Cited — PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department 2020-09-28
“…at paragraphs 45-47 adopting 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 paragraph…”
- Cited — Assetco Plc v Grant Thornton UK LLP 2020-08-28
“…Companies Act 2006: Re Sprintroom Ltd [2019] EWCA Civ 932, [2019] 2 BCLC 617.…”
- Cited — Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors 2020-05-07
“… the light of the authorities summarised at 52.21.5 of the White Book was summarised by this Court recently in Scott v Potamianos (also known as Re Sprintroom) [2019] EWCA Civ 932:…”
- Cited — Badyal v Badyal & Ors 2019-10-08
“…is exclusion from management fair. That is not the case, as was said in this court recently in the context of an “unfair prejudice” claim in Re Sprintroom Ltd. [2019] EWCA Civ 932 at paragraphs 82-83. However, relief (in some unfair prejudice cases) has been refused where the excluded party has been found to have been justifiably exclude…”