Kaberry v Cartwright & Anor [2002] EWCA Civ 1272 (30 July 2002)

Kaberry v Cartwright & Anor [2002] EWCA Civ 1272 (30 July 2002)

Permission to appeal is granted because there is arguable substance in the applicant's contention that the judge erred by conducting a 'mini trial' and that issues of foreseeability and causation require further argument.

Citation
[2002] EWCA Civ 1272
Parties
Applicant/claimant: Simon Edmund John Kaberry; Respondent/defendant: Freeth Cartwright (formerly Freeth Cartwright Hunt Dickens); Respondent/defendant: Oliver Thorold
Jurisdiction
England and Wales
Judgment Date
30 July 2002
Procedural Posture
Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Loss of Chance, Negligence of Solicitors and Counsel, Summary Judgment, Foreseeability, Causation
Professional Negligence Civil Procedure Loss of Chance Negligence of Solicitors and Counsel Summary Judgment Foreseeability Causation

Case Brief

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Parties

Simon Edmund John Kaberry

Applicant/claimant

Freeth Cartwright (formerly Freeth Cartwright Hunt Dickens)

Respondent/defendant

Oliver Thorold

Respondent/defendant

Procedural Posture

Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether the claimant lost a substantial chance to sue his former general practitioner due to the negligence of his solicitors and counsel
  2. 2 Whether the judge erred by conducting a 'mini trial' inappropriate for summary judgment applications
  3. 3 Whether issues of foreseeability and causation were properly considered

Ratio Decidendi

Permission to appeal is granted because there is arguable substance in the applicant's contention that the judge erred by conducting a 'mini trial' and that issues of foreseeability and causation require further argument.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Application to rely on further evidence to be considered at the appeal hearing