Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1397 (QB) (19 May 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 1397 (QB) (19 May 2017)

The proposed amendments introduced new causes of action against the Second Defendant that did not arise out of the same or substantially the same facts as the original claim, were outside the limitation period, and would prejudice the Second Defendant. The Particulars of Claim disclosed no cause of action against the Second Defendant. The court's discretion should not be exercised to allow amendments raising claims not maintainable in law. The Defendants' applications to enforce costs orders beyond QOCS protection were largely refused, except where claims were struck out for disclosing no reasonable grounds. The notice of discontinuance against the Fifth Defendant was not an abuse of...

Citation
[2017] EWHC 1397
Parties
Claimant: Gabriele Shaw (suing as the personal representative of the estates of William Ewan (deceased)); First Defendant: Medtronic CoreValve LLC; Second Defendant: Jean Claude Laborde; Third Defendant: Medtronic Inc; Fourth Defendant: Medtronic Limited; Fifth Defendant: Medtronic PLC
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Civil / Post Judgment Applications and Amendments
Outcome
Claimant's application to amend refused; claim against Second Defendant struck out; costs awarded to Defendants subject to QOCS; application to set aside notice of discontinuance refused; permission to appeal refused.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Qualified One Way Costs Shifting (qocs), Strike Out Applications, Unjust Enrichment, Battery, Agency, Restitutionary Damages
Civil Procedure Product Liability Medical Law Amendment of Pleadings Limitation of Actions Qualified One Way Costs Shifting (qocs) Strike Out Applications Unjust Enrichment +3 more

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Parties

Gabriele Shaw (suing as the personal representative of the estates of William Ewan (deceased))

Claimant

Medtronic CoreValve LLC

First Defendant

Jean Claude Laborde

Second Defendant

Medtronic Inc

Third Defendant

Medtronic Limited

Fourth Defendant

Medtronic PLC

Fifth Defendant

Procedural Posture

Civil / Post Judgment Applications and Amendments

Legal Issues

  1. 1 Whether the Claimant should be granted permission to amend the claim to add new causes of action against the Second Defendant after the expiry of the limitation period
  2. 2 Whether the Particulars of Claim disclose a cause of action against the Second Defendant
  3. 3 Whether the Defendants are entitled to enforce costs orders against the Claimant in light of QOCS

Ratio Decidendi

The proposed amendments introduced new causes of action against the Second Defendant that did not arise out of the same or substantially the same facts as the original claim, were outside the limitation period, and would prejudice the Second Defendant. The Particulars of Claim disclosed no cause of action against the Second Defendant. The court's discretion should not be exercised to allow amendments raising claims not maintainable in law. The Defendants' applications to enforce costs orders beyond QOCS protection were largely refused, except where claims were struck out for disclosing no reasonable grounds. The notice of discontinuance against the Fifth Defendant was not an abuse of...

Court Disposition

Claimant's application to amend refused; claim against Second Defendant struck out; costs awarded to Defendants subject to QOCS; application to set aside notice of discontinuance refused; permission to appeal refused.

Orders

  • Claimant's application to amend the claim refused
  • Particulars of Claim against Second Defendant struck out