Shaw v Medtronic Corevalve LLC & Ors

Shaw v Medtronic Corevalve LLC & Ors

The proposed amendments sought to introduce new causes of action against the Second Defendant outside the limitation period and did not arise out of the same or substantially the same facts as the existing claim. The claim against the Second Defendant disclosed no reasonable grounds for bringing proceedings. Permission to amend was refused, and the claim against the Second Defendant was struck out. Costs orders could only be enforced against the Claimant where exceptions to QOCS applied, which was not the case for all Defendants. The notice of discontinuance was not set aside as there was no abuse of process.

Parties
Claimant: Gabriele Shaw (suing as the personal representative of the estates 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
19 May 2017
Procedural Posture
Civil / Post Judgment, Applications for Strike Out, Amendments, Costs, and Permission to Appeal
Outcome
Claim against Second Defendant struck out; permission to amend refused; costs awarded to First, Third, Fourth, and Fifth Defendants; application to enforce costs orders dismissed; permission to appeal refused.
Legal Topics
Strike Out, Amendment of Pleadings, Qualified One Way Costs Shifting (qocs), Limitation, Unjust Enrichment, Battery, Fraudulent Misstatement, Costs, Discontinuance
Civil Procedure Personal Injury Product Liability Strike Out Amendment of Pleadings Qualified One Way Costs Shifting (qocs) Limitation Unjust Enrichment +4 more

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Parties

Gabriele Shaw (suing as the personal representative of the estates 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 / Post Judgment, Applications for Strike Out, Amendments, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether the Particulars of Claim disclose a cause of action against the Second Defendant
  2. 2 Whether permission should be granted to amend the Claim Form and Particulars of Claim
  3. 3 Whether costs orders can be enforced against the Claimant under QOCS regime

Ratio Decidendi

The proposed amendments sought to introduce new causes of action against the Second Defendant outside the limitation period and did not arise out of the same or substantially the same facts as the existing claim. The claim against the Second Defendant disclosed no reasonable grounds for bringing proceedings. Permission to amend was refused, and the claim against the Second Defendant was struck out. Costs orders could only be enforced against the Claimant where exceptions to QOCS applied, which was not the case for all Defendants. The notice of discontinuance was not set aside as there was no abuse of process.

Court Disposition

Claim against Second Defendant struck out; permission to amend refused; costs awarded to First, Third, Fourth, and Fifth Defendants; application to enforce costs orders dismissed; permission to appeal refused.

Orders

  • Particulars of Claim against Second Defendant struck out
  • Permission to amend Claim Form and Particulars of Claim refused