Lewis Thermal Ltd v Cleveland Cable Company Ltd [2019] EWHC 206 (TCC) (16 January 2019)

Lewis Thermal Ltd v Cleveland Cable Company Ltd [2019] EWHC 206 (TCC) (16 January 2019)

The claimant has a real, not fanciful, prospect of success on the issues of causation and quantum; the matters raised by the defendant are factual and require determination at trial, not on a summary basis. The application for summary judgment and/or strike out is dismissed.

Source-derived case information.

Citation
[2019] EWHC 206 (TCC)
Parties
Claimant: Lewis Thermal Ltd; Defendant: Cleveland Cable Company Ltd
Jurisdiction
England and Wales
Judgment Date
16 January 2019
Procedural Posture
Civil (commercial) / Interlocutory Application for Summary Judgment And/or Strike Out
Outcome
Defendant's application for summary judgment and/or strike out dismissed.
Legal Topics
Summary Judgment, Strike Out, Causation, Misrepresentation, Damages, Disclosure
Commercial Law Tort Law Civil Procedure Summary Judgment Strike Out Causation Misrepresentation Damages +1 more

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Summary, issues, holding and outcome

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Parties

Lewis Thermal Ltd

Claimant

Cleveland Cable Company Ltd

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Application for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether the claimant has a real prospect of success on claims for deceit and/or misrepresentation relating to loss of business and goodwill
  2. 2 Whether the claim should be struck out or summary judgment granted due to lack of evidence on causation and quantum

Ratio Decidendi

The claimant has a real, not fanciful, prospect of success on the issues of causation and quantum; the matters raised by the defendant are factual and require determination at trial, not on a summary basis. The application for summary judgment and/or strike out is dismissed.

Court Disposition

Defendant's application for summary judgment and/or strike out dismissed.

Orders

  • Application for summary judgment and/or strike out dismissed.