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 which did not arise out of the same or substantially the same facts as the existing claim, were outside the limitation period, and disclosed no viable cause of action. The application to amend was refused and the claim against the Second Defendant was struck out. Costs orders in favour of the First, Third, Fourth, and Fifth Defendants were made, but enforcement was limited by QOCS except where claims were struck out for disclosing no reasonable grounds. The application to set aside the notice of discontinuance against the Fifth Defendant was refused as there was no abuse of process.

Citation
[2017] EWHC 1397 (QB)
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 amendment application refused; claim against Second Defendant struck out; costs awarded to First, Third, Fourth, and Fifth Defendants; enforcement of costs orders 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), Striking Out, Unjust Enrichment, Battery, Agency, Restitutionary Damages
Civil Procedure Product Liability Personal Injury Amendment of Pleadings Limitation of Actions Qualified One Way Costs Shifting (qocs) Striking Out 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 to permit amendments to pleadings to add new causes of action against the Second Defendant after limitation period
  2. 2 Whether the Particulars of Claim disclose a cause of action against the Second Defendant
  3. 3 Whether costs orders can be enforced against the Claimant in light of QOCS

Ratio Decidendi

The proposed amendments introduced new causes of action against the Second Defendant which did not arise out of the same or substantially the same facts as the existing claim, were outside the limitation period, and disclosed no viable cause of action. The application to amend was refused and the claim against the Second Defendant was struck out. Costs orders in favour of the First, Third, Fourth, and Fifth Defendants were made, but enforcement was limited by QOCS except where claims were struck out for disclosing no reasonable grounds. The application to set aside the notice of discontinuance against the Fifth Defendant was refused as there was no abuse of process.

Court Disposition

Claimant's amendment application refused; claim against Second Defendant struck out; costs awarded to First, Third, Fourth, and Fifth Defendants; enforcement of costs orders subject to QOCS; application to set aside notice of discontinuance refused; permission to appeal refused.

Orders

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