- Approved — Mohamed Amersi v Charlotte Leslie 2023-12-07
“…ications. The approach is familiar. The essential principles were set out by Lewison J in the “reverse summary judgment” case of Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) [15] (approved by the Court of Appeal in A C Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098). At [141]-[142] the judge identified these governing aut…”
- Applied — BT Plc v The Commissioners for HMRC 2023-12-04
“… reverse summary judgment. There was also no issue as to the correct legal test to apply, namely that summarised by Lewison J in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) (“Easyair”) at [15] in the context of summary judgment. I am content to proceed on that basis, although it is worth bearing in mind that there are some differe…”
- Cited — URS Corporation Limited v BDW Trading Limited 2023-07-05
“…bjection to an amendment raises a short point of law, then it should be determined at the time of the amendment application: see Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch), Elite Property Holdings Ltd & Anr v Barclays Bank PLC [2019] EWCA Civ 204 and Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33; [2021] 3 All E…”
- Followed — Shafiq Malik v Henley Homes PLC 2023-06-27
“…lication for summary judgment under CPR Part 24. They are summarised in the oft-cited statement by Lewison J (as he then was) in EasyAir Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15], which has been frequently followed and endorsed, and which the Judge referred to in his judgment (at [4]). I would however draw attention to the first…”
- Cited — AB v Worcestershire County Council & Anor 2023-05-17
“…approach to applications for summary judgment, including the principles identified by Lewison J. in Easyair Limited (trading as Openair) v Opal Telecom Limited [2009] EWHC 339 (Ch) and set out the principles identified in paragraph 15 of that judgment.…”
- Applied — National Highways Limited v Person Unknown & Anor 2023-02-23
“…rred to the well-established principles applicable to applications for summary judgment set out by Lewison J (as he then was) in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) followed and applied many times since, as cited at 24.2.3 of Civil Procedure. She submitted that principle (vii) was precisely in point here. There was a short…”
- Cited — MARANELLO ROSSO LIMITED v LOHOMIJ BV 2022-12-21
“…probabilities lie. Neither party disagreed with these uncontroversial propositions, being amongst those summarised by Lewison J in Easyair Ltd Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15].…”
- Cited — Trafalgar Multi Asset Trading Company Limited (in liquidation) v James David Hadley & Ors 2022-12-16
“…[2009] EWHC 339 (Ch) at [15]. He also cited [21]-[25] of the judgment of Cockerill J in…”
- Cited — Fiona Lorraine Philipp v Barclays Bank UK PLC 2022-03-14
“…s for summary judgment is well established. At paragraphs [22]-[23] the judge accurately referred to the principles identified in EasyAir Ltd v Opal Telecom Ltd[2009] EWHC 339 (Ch). These make clear the warning against carrying out a mini trial but also recognise that if a short point of law arises which can be decided because all the evi…”
- Approved — The Durham Company Limited v Durham County Council 2022-02-01
“… dispute as to the test for summary judgment. The judge cited the well-known summary of the applicable principles by Lewison J in Easyair Ltd v Opal Telecom Ltd[2009] EWHC 339 (Ch) at [15] approved by this Court in AC Ward & Sons Ltd v Catlin (Five) Ltd[2009] EWCA Civ 1098, [2010] Lloyd’s Rep IR 301 at [24]. In short, summary judgment can…”
- Approved — NTN Corporation & Ors. v Stellantis N.V. & Ors. 2022-01-07
“…, as well as the evidence before it, and should be wary of deciding difficult or new points of law in the absence of real facts: EasyAir Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch), as approved in TFL Management Services Ltd v Lloyds TSB Bank plc[2013] EWCA Civ 1415 at [26], [27].”…”
- Approved — HRH The Duchess of Sussex v Associated Newspapers Limited 2021-12-02
“…The judge then cited Lewison J’s judgment in Easyair Ltd v. Opal Telecom Ltd [2009] EWHC 339 (Ch) [15] (approved by the Court of Appeal in AC Ward & Sons Ltd v. Catlin (Five) Ltd[2009] EWCA Civ 1098). He adjusted the 7 principles to be taken from that case …”
- Cited — Bhamani & Ors v Sattar & Ors 2021-02-26
“…[2009] EWHC 339 (Ch) at [15]]. It requires a fuller investigation into the facts of the case which is bound to add to or alter the evidence available to the trial judge and so affe…”
- Applied — Pricewaterhousecoopers LLP v BTI 2014 LLC 2021-01-11
“…s to be applied on an application for summary judgment generally are summarised in the judgment of Lewison J (as he then was) in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15].…”
- Followed — CFH Clearing Ltd v Merrill Lynch International 2020-08-14
“…was on MLI. There was also no dispute that the relevant principles on applications by defendants were as set out by Lewison J in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15] and approved by the Court of Appeal in AC Ward & Sons Ltd v Catlin (Five) Ltd [2009] EWCA Civ 1098 as follows:…”
- Cited — Price & Ors v Flitcraft Ltd & Ors 2020-07-09
“…ication for summary judgment. The principles are summarised in a now well-known passage in the judgment of Lewison J (as he was then) in Easyair v Opal Telecom [2009] EWHC 339 (Ch) at [15]:…”
- Cited — JP Morgan Chase Bank NA v The Federal Republic of Nigeria 2019-10-08
“…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 — First City Monument Bank Plc v Zumax Nigeria Ltd 2019-03-01
“…ence would cast significant light on the issue. In this connection, a passage from the judgment of Lewison J (as he then was) in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) is in point. Lewison J said in paragraph 15(vii):…”
- Cited — Argyle UAE Ltd v Par-La-Ville Hotel And Residences Ltd & Ors 2018-07-26
“… judgment, the judge set out at [25] the well-known summary of the legal principles in the judgment of Lewison J (as he then was) in Easyair v Opal Telecom Ltd [2009] EWHC 339 (Ch) at [15]. It was not suggested on this appeal that there was any error in the judge’s self-direction as to these legal principles.…”
- Cited — Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors. 2018-02-16
“…The relevant considerations were helpfully set out in passages from Easyair Ltd v OpalTelecom Ltd [2009] EWHC 339 (Ch) per Lewison J (as he then was) and from the judgment of Lord Woolf MR in Swain v Hillman [2001] 1 All ER 91 at 94 which were quoted by Mann J at [8] and [9] of…”
- Cited — Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors. 2018-02-16
“…“ It was accepted that the most relevant authority was Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 Ch, where Lewison J said:…”