Irvine v Advanced Nutrition Ltd.

Irvine v Advanced Nutrition Ltd.

There was no medical evidence supporting causation of injury by the alleged wrongful disclosure, and the particulars of claim did not disclose reasonable grounds. No important point of principle or compelling reason was shown to justify a second appeal.

Parties
Applicant/appellant: Andrew Irvine; Defendant/respondent: Advanced Nutrition Limited
Jurisdiction
England and Wales
Judgment Date
03 November 2005
Procedural Posture
Civil Appeal / Second Appeal; Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Striking Out Claim, Causation, Foreseeability, Medical Negligence, Breach of Confidence
Civil Procedure Tort Law Striking Out Claim Causation Foreseeability Medical Negligence Breach of Confidence

Case Brief

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Parties

Andrew Irvine

Applicant/appellant

Advanced Nutrition Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Second Appeal; Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claim disclosed reasonable grounds for bringing the claim
  2. 2 Whether there was sufficient medical evidence of causation and injury
  3. 3 Whether there was procedural unfairness in the handling of the application

Ratio Decidendi

There was no medical evidence supporting causation of injury by the alleged wrongful disclosure, and the particulars of claim did not disclose reasonable grounds. No important point of principle or compelling reason was shown to justify a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Appeal refused
  • Costs summarily assessed in the sum of £4,500, inclusive of VAT