Elbanna v Clark [2025] EWCA Civ 223 (11 February 2025)

Elbanna v Clark [2025] EWCA Civ 223 (11 February 2025)

Permission to appeal is granted on the grounds that the trial judge's reference to recklessness may have introduced an error of law or inadequacy in reasoning, warranting determination by the full court.

Citation
[2025] EWCA Civ 223
Parties
Claimant/respondent: Mr Omar Elbanna; Defendant/appellant: Mr Tom Clark
Jurisdiction
England and Wales
Judgment Date
11 February 2025
Procedural Posture
Civil Appeal / Permission to Appeal Granted on Specified Grounds
Outcome
Permission to appeal granted on grounds one, two and five; refused on grounds three, four, six and seven.
Legal Topics
Negligence, Recklessness, Standard of Care, Appeal Procedure
Tort Law Personal Injury Negligence Recklessness Standard of Care Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Omar Elbanna

Claimant/respondent

Mr Tom Clark

Defendant/appellant

Procedural Posture

Civil Appeal / Permission to Appeal Granted on Specified Grounds

Legal Issues

  1. 1 Whether the trial judge applied the correct legal standard (negligence vs recklessness) in finding liability against the defendant
  2. 2 Whether the judge's reasons were adequate regarding the reference to recklessness
  3. 3 Whether findings of fact could be reopened on appeal

Ratio Decidendi

Permission to appeal is granted on the grounds that the trial judge's reference to recklessness may have introduced an error of law or inadequacy in reasoning, warranting determination by the full court.

Court Disposition

Permission to appeal granted on grounds one, two and five; refused on grounds three, four, six and seven.

Orders

  • Permission to appeal allowed on grounds one, two and five.
  • Leave to appeal refused on grounds three, four, six and seven.