Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB) (04 November 2011)

Asiansky Television Plc & Anor v Khanzada & Ors [2011] EWHC 2831 (QB) (04 November 2011)

The court held that the claimants had no real prospect of establishing that they lost a valuable chance to appeal against the judgment in the Bayer-Rosin litigation. The arguments advanced as to the prospects of appeal, including the 'Other Terms Renegotiation Argument,' did not demonstrate a real or substantial chance of success. The evidence and pleadings did not support the claim that the claimants were deprived of a valuable opportunity by the defendants' alleged negligence or breach of duty.

Citation
[2011] EWHC 2831
Parties
Claimants: Asiansky Television plc and anor; Defendants: Khanzada & ors
Jurisdiction
England and Wales
Judgment Date
04 November 2011
Procedural Posture
Professional Negligence Claim / Summary Judgment and Strike Out Applications
Outcome
Summary judgment granted in favour of the defendants on the main claim for loss of a chance to appeal. Other applications (security for costs, jurisdictional issues) deferred.
Legal Topics
Loss of Chance, Summary Judgment, Appeal Procedure, Solicitor and Barrister Liability
Professional Negligence Civil Procedure Loss of Chance Summary Judgment Appeal Procedure Solicitor and Barrister Liability

Case Brief

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Parties

Asiansky Television plc and anor

Claimants

Khanzada & ors

Defendants

Procedural Posture

Professional Negligence Claim / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether claimants had a real prospect of success in a lost opportunity to appeal claim against former legal advisers
  2. 2 Whether the delay in applying for permission to appeal was caused by actionable fault of the defendants
  3. 3 Whether the claimants lost a valuable chance to appeal and recover greater damages from Bayer-Rosin

Ratio Decidendi

The court held that the claimants had no real prospect of establishing that they lost a valuable chance to appeal against the judgment in the Bayer-Rosin litigation. The arguments advanced as to the prospects of appeal, including the 'Other Terms Renegotiation Argument,' did not demonstrate a real or substantial chance of success. The evidence and pleadings did not support the claim that the claimants were deprived of a valuable opportunity by the defendants' alleged negligence or breach of duty.

Court Disposition

Summary judgment granted in favour of the defendants on the main claim for loss of a chance to appeal. Other applications (security for costs, jurisdictional issues) deferred.

Orders

  • Summary judgment for the barrister and solicitor defendants on the main claim
  • Consideration of security for costs and jurisdictional issues deferred