Asiansky Television Plc & Anor v Khanzada & Ors

Asiansky Television Plc & Anor v Khanzada & Ors

The claimants had no real prospect of establishing that they lost a valuable chance of a successful appeal due to the defendants' alleged negligence or breach of duty. Both the pleaded and unpleaded arguments (including the Other Terms Renegotiation Argument) did not provide a real or substantial prospect of success on appeal, as the Court of Appeal had already rejected the relevant grounds on their merits. The claim was therefore suitable for summary disposal.

Parties
Claimant: Asiansky Television plc and anor; Defendant: Khanzada & ors
Jurisdiction
England and Wales
Judgment Date
04 November 2011
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the defendants
Legal Topics
Loss of Chance, Summary Judgment, Appeal Procedure, Solicitor and Barrister Negligence
Professional Negligence Civil Procedure Loss of Chance Summary Judgment Appeal Procedure Solicitor and Barrister Negligence

Case Brief

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Parties

Asiansky Television plc and anor

Claimant

Khanzada & ors

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimants had a real and substantial chance of succeeding in an appeal against the judgment of Cresswell J, such that the alleged negligence or breach of duty by their former legal advisers caused them loss.
  2. 2 Whether the claimants' pleaded and unpleaded arguments (including the 'Other Terms Renegotiation Argument') provided a real prospect of success on appeal.

Ratio Decidendi

The claimants had no real prospect of establishing that they lost a valuable chance of a successful appeal due to the defendants' alleged negligence or breach of duty. Both the pleaded and unpleaded arguments (including the Other Terms Renegotiation Argument) did not provide a real or substantial prospect of success on appeal, as the Court of Appeal had already rejected the relevant grounds on their merits. The claim was therefore suitable for summary disposal.

Court Disposition

Summary judgment granted for the defendants

Orders

  • Claimants' claim dismissed as having no real prospect of success
  • Parties invited to make submissions on the terms of the order