Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 54 (QB) (20 January 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 54 (QB) (20 January 2017)

The claim is barred against the First Defendant by the satisfaction of judgment in the prior action for the same damage (Jameson principle). The Particulars of Claim disclose no reasonable grounds against the Third and Fourth Defendants. Claims for exemplary, aggravated, restitutionary damages, and unjust enrichment have no real prospect of success as a matter of law.

Citation
[2017] EWHC 54
Parties
Claimant: Gabriele Shaw (suing as the personal representative of the estate 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
20 January 2017
Procedural Posture
Civil (product Liability / Negligence) / Interlocutory Applications (jurisdiction, Strike Out, Summary Judgment)
Outcome
Applications granted. Claim struck out against Third and Fourth Defendants. Service out of jurisdiction set aside for First and Third Defendants.
Legal Topics
Negligence, Consumer Protection Act 1987, Unjust Enrichment, Restitution, Exemplary Damages, Aggravated Damages, Jurisdiction, Strike Out, Summary Judgment
Tort Law Product Liability Civil Procedure Negligence Consumer Protection Act 1987 Unjust Enrichment Restitution Exemplary Damages +4 more

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gabriele Shaw (suing as the personal representative of the estate 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 (product Liability / Negligence) / Interlocutory Applications (jurisdiction, Strike Out, Summary Judgment)

Legal Issues

  1. 1 Whether the Claimant can pursue claims for damages, restitution, or account of profits against the Defendants after satisfaction of judgment in a prior action for the same damage
  2. 2 Whether the Particulars of Claim disclose reasonable grounds against the Third and Fourth Defendants
  3. 3 Whether claims for exemplary, aggravated, or restitutionary damages or unjust enrichment have a real prospect of success

Ratio Decidendi

The claim is barred against the First Defendant by the satisfaction of judgment in the prior action for the same damage (Jameson principle). The Particulars of Claim disclose no reasonable grounds against the Third and Fourth Defendants. Claims for exemplary, aggravated, restitutionary damages, and unjust enrichment have no real prospect of success as a matter of law.

Court Disposition

Applications granted. Claim struck out against Third and Fourth Defendants. Service out of jurisdiction set aside for First and Third Defendants.

Orders

  • Set aside Master McCloud's order as it relates to the First and Third Defendants.
  • Set aside service of the Claim Form on the First and Third Defendants out of the jurisdiction.