Hewes v Tanna & Ors [2018] EWHC 2528 (QB) (26 July 2018)

Hewes v Tanna & Ors [2018] EWHC 2528 (QB) (26 July 2018)

Permission to appeal is granted because there are powerful arguments that merit full consideration on appeal, particularly regarding the assessment and admissibility of expert evidence in summary judgment applications and the procedural fairness of the process followed below.

Source-derived case information.

Citation
[2018] EWHC 2528 (QB)
Parties
Claimant: Barry Hewes; Third Defendant: Dr Tanna
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Appeal / Permission to Appeal Hearing
Outcome
Permission to appeal granted
Legal Topics
Permission to Appeal, Summary Judgment, Expert Evidence
Civil Procedure Permission to Appeal Summary Judgment Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Barry Hewes

Claimant

Dr Tanna

Third Defendant

Procedural Posture

Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether permission to appeal should be granted against summary judgment based on expert evidence
  2. 2 Appropriate approach to assessment of pre-emptively served expert reports in summary judgment applications

Ratio Decidendi

Permission to appeal is granted because there are powerful arguments that merit full consideration on appeal, particularly regarding the assessment and admissibility of expert evidence in summary judgment applications and the procedural fairness of the process followed below.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted; further directions to be determined by the appeal judge.