AB & Ors v John Wyeth & Bros Ltd [1996] EWCA Civ 1202 (13th December, 1996)

AB & Ors v John Wyeth & Bros Ltd [1996] EWCA Civ 1202 (13th December, 1996)

Actions were struck out as an abuse of process and for want of prosecution because group litigation was no longer viable, legal aid was withdrawn, no realistic prospect of progress or success existed, delay was inordinate and prejudicial, and modest quantum did not justify disproportionate costs to defendants.

Citation
[1996] EWCA Civ 1202
Parties
Appellants: AB and Others; Respondents: John Wyeth and Brothers Limited; Respondents: Roche Products Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Group Actions
Outcome
Appeal dismissed; actions struck out
Legal Topics
Abuse of Process, Want of Prosecution, Group Litigation, Legal Aid Withdrawal, Limitation, Causation, Duty of Care, Conditional Fee Arrangements
Civil Procedure Product Liability Medical Law Abuse of Process Want of Prosecution Group Litigation Legal Aid Withdrawal Limitation +3 more

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Parties

AB and Others

Appellants

John Wyeth and Brothers Limited

Respondents

Roche Products Limited

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Group Actions

Legal Issues

  1. 1 Whether group actions against pharmaceutical manufacturers should be struck out as abuse of process
  2. 2 Whether actions should be struck out for want of prosecution
  3. 3 Whether withdrawal of legal aid justifies striking out

Ratio Decidendi

Actions were struck out as an abuse of process and for want of prosecution because group litigation was no longer viable, legal aid was withdrawn, no realistic prospect of progress or success existed, delay was inordinate and prejudicial, and modest quantum did not justify disproportionate costs to defendants.

Court Disposition

Appeal dismissed; actions struck out

Orders

  • Actions against John Wyeth & Brothers Limited and Roche Products Limited struck out as abuse of process and for want of prosecution
  • No further proceedings permitted in these actions