DJ & C Withers (Farms) Ltd v Ambic Equipment Ltd [2001] EWCA Civ 1362 (31 July, 2001)

DJ & C Withers (Farms) Ltd v Ambic Equipment Ltd [2001] EWCA Civ 1362 (31 July, 2001)

The judge's failure to provide analytical reasons for preferring the defendant's expert evidence, particularly regarding the cause of the mastitis outbreak, constitutes a serious procedural irregularity that gives the claimant a realistic prospect of success on appeal. Permission to appeal is therefore granted.

Citation
[2001] EWCA Civ 1362
Parties
Claimant/applicant: DJ & C Withers (Farms) Limited; Defendant/respondent: Ambic Equipment Limited
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Upon Notice)
Outcome
Permission to appeal granted
Legal Topics
Negligence, Expert Evidence, Limitation of Actions, Judicial Reasoning, Appeal Procedure
Civil Procedure Tort Product Liability Negligence Expert Evidence Limitation of Actions Judicial Reasoning Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

DJ & C Withers (Farms) Limited

Claimant/applicant

Ambic Equipment Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Upon Notice)

Legal Issues

  1. 1 Whether the trial judge erred by failing to provide adequate reasons for preferring one expert's evidence over another
  2. 2 Whether the judgment's deficiencies in reasoning amount to a serious procedural irregularity justifying permission to appeal
  3. 3 Whether the claim is time-barred under limitation statutes

Ratio Decidendi

The judge's failure to provide analytical reasons for preferring the defendant's expert evidence, particularly regarding the cause of the mastitis outbreak, constitutes a serious procedural irregularity that gives the claimant a realistic prospect of success on appeal. Permission to appeal is therefore granted.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted
  • Costs of this application to be costs in the appeal