- Cited — National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor 2023-07-13
“…ami’s evidence in a manner which was contrary to the approach to a summary judgment application required by the Supreme Court in Okpabi v Royal Dutch Shell Plc [2021] UKSC 3, [2021] 1 WLR 1294; instead he should have held that NIOC’s case was arguable in the light of the evidence that was likely to be available at trial, including …”
- Cited — CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs & Anor 2023-05-05
“…guable case. I therefore take the facts from CNM’s Particulars of Claim, in accordance with the approach of the Supreme Court in Okpabi v Royal Dutch Shell Plc [2021] UKSC 3, [2021] 1 WLR 1294 at [103] to [107], although many of them are disputed.…”
- Cited — CNM Estates (Tolworth Tower) Limited v Simon Peter Carvill-Biggs & Anor 2023-05-05
“…Males LJ has already referred to three cases: Okpabi v. Royal Dutch Shell Plc [2021] UKSC 3, [2021] 1 WLR 1294 (“Okpabi”), Quah Su-Ling v. Goldman Sachs International [2015] EWHC 759 (Comm) (“Quah Su-Ling”), and Elite Property Holdings Ltd v. Barclays…”
- Cited — Benjamin Michael Brown v South West Lakes Trust 2022-01-17
“…t out or by granting reverse summary judgment, a Court should always be conscious of what might emerge in the trial process, see Okpabi v Royal Dutch Shell plc [2021] UKSC 3; [2021] 1 WLR 1294 at paragraphs 127-128. In my judgment, however, the claims against South West Lakes and South West Trust for breach of duties owed under the…”
- Cited — Alta Trading UK Ltd v Bosworth 2021-05-14
“… that by amending their Grounds of Appeal to add a Ground 3 directed at it (based on the recent decision of the Supreme Court in Okpabi v Royal Dutch Shell plc [2021] UKSC 3 (“Okpabi”)), but permission was refused by Males LJ on 17 March 2021, and again on 31 March 2021. The correctness of the Judge’s approach is therefore not some…”
- Cited — Begum v Maran (UK) Ltd 2021-03-10
“…ly do so unless its factual assertions are demonstrably unsupportable: ED & F Man Liquid Products v Patel;Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3, at paragraph 110. The court should also allow for the possibility that further facts may emerge on discovery or at trial: Royal Brompton Hospital NHS Trust v …”
- Cited — Begum v Maran (UK) Ltd 2021-03-10
“… observations on two aspects of the case. I do so bearing in mind the guidance, most recently reiterated by the Supreme Court in Okpabi v Royal Dutch Shell Plc [2021] UKSC 3 at [107], that “the factual averments made in support of the claim should be accepted unless, exceptionally, they are demonstrably untrue or unsupportable”. Th…”