Lewis Thermal Ltd v Cleveland Cable Company Ltd

Lewis Thermal Ltd v Cleveland Cable Company Ltd

The claimant has a real, as opposed to fanciful, prospect of success on the claims for deceit and/or misrepresentation, causation, and quantum. The issues raised are factual and require full investigation at trial, including cross-examination of witnesses and expert evidence. Summary judgment or strike out is not appropriate at this stage.

Parties
Claimant: Lewis Thermal Ltd; Defendant: Cleveland Cable Company Ltd
Jurisdiction
England and Wales
Judgment Date
16 January 2019
Procedural Posture
Civil Commercial/construction / 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, Damages, Misrepresentation, Deceit
Commercial Law Tort Law Contract Law Summary Judgment Strike Out Causation Damages Misrepresentation +1 more

Case Brief

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Parties

Lewis Thermal Ltd

Claimant

Cleveland Cable Company Ltd

Defendant

Procedural Posture

Civil Commercial/construction / 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
  2. 2 Whether there is a real prospect of establishing causation between the alleged breach and the loss claimed
  3. 3 Whether the quantum of damages claimed is sustainable

Ratio Decidendi

The claimant has a real, as opposed to fanciful, prospect of success on the claims for deceit and/or misrepresentation, causation, and quantum. The issues raised are factual and require full investigation at trial, including cross-examination of witnesses and expert evidence. Summary judgment or strike out is not appropriate at this stage.

Court Disposition

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

Orders

  • Application dismissed
  • Disclosure issues to be resolved before trial