- Followed — easyGroup Limited v Easy Live (Services) Limited & Ors 2023-12-20
“…d [1996] RPC 473. It 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…”
- Cited — Banca Intesa Sanpaolo SpA & Anor v Comune Di Venezia 2023-12-13
“…f 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 were well-settled principles as to the restraint which an appellate court should exercise before it inter…”
- Cited — Mark Gary Coates v Janice Elizabeth Turner & Anor 2023-12-12
“…[2022] EWCA Civ 464 are relied upon in support of the contention that it cannot be said that the judge’s conclusion was not rationally supportable.…”
- Followed — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“… exercise, and so is 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
“…nsel for Mr Gill accepted 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 m…”
- Cited — EY (Fact-finding hearing), Re 2023-10-27
“…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 judges, including the evaluation of those facts and the inferences to be d…”
- Cited — EasyGroup Limited v Nuclei Limited & Ors 2023-10-27
“…on. In so far as it was an exercise in primary fact finding, it can only be challenged if the judge’s conclusion is rationally insupportable: see Volpi v Volpi [2022] EWCA Civ 464, [2022] 4 WLR 481 at [2] (Lewison LJ, with whom Males and Snowden LJJ agreed). In so far as it was an evaluation, it can only be challenged on the grounds set …”
- Applied — Darty Holdings SAS v Geoffrey Carton-Kelly 2023-10-09
“…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 have since been applied by this court in other cases: Kynas…”
- 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…”
- Considered — Re B (A child) (Fact-finding) 2023-07-31
“… 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
“…urts 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 judges, including the evaluation of those facts and to inferences to be dr…”
- Cited — U3 v Secretary of State for the Home Department 2023-07-14
“…ucceed 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 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 — T (Fact-Finding: Second Appeal) 2023-05-05
“…More recently, Lewison LJ summarised the principles again in Volpi and another v Volpi [2022] EWCA Civ 464 at paragraph 2:…”
- Cited — Manolete Partners PLC v Ebrahim Dalal 2023-03-14
“…ed by the Company. Manolete 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 — LA Micro Group (UK) Ltd & Anor v LA Micro Group Inc & Ors. 2023-02-28
“…urt to reverse a trial judge on a question of fact. There was no dispute before us as to the appropriate approach which is “a well-trodden path”: Volpi v Volpi [2022] EWCA Civ 464 at [2] per Lewison LJ (not cited to us but a convenient summary of the relevant principles). An appellate court must ask itself whether the decision of the jud…”
- 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
“…e evidence into his consideration. 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…”
- Followed — Kenneth Davies v Stephen Ford & Ors. 2023-02-17
“…vidence. For a recent 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…”
- 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:…”
- Cited — RACHEL RILEY v MICHAEL SIVIER 2023-02-01
“…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
“…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
“… reverse an experienced 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 evi…”