Shah & Anor v L3 Commercial Training Solutions Ltd & Anor [2021] EWHC 2154 (QB) (29 July 2021)

Shah & Anor v L3 Commercial Training Solutions Ltd & Anor [2021] EWHC 2154 (QB) (29 July 2021)

The application for summary judgment was dismissed because there was insufficient evidence to conclude that the claim against the first defendant had no real prospect of success. The evidence regarding control and supervision was disputed, the group structure was unclear, and proper expert evidence on Portuguese law was lacking. The claimants' case was not plainly unsustainable and should proceed to trial.

Citation
[2021] EWHC 2154
Parties
Claimant: Abdulqayyum Shah Ajab Shah; Claimant: Mehtab Begum; Defendant: L3 Commercial Training Solutions Ltd; Defendant: Escola de Aviação Aerocondor SA (Trading as G Air Training Centre); Defendant: Diogo Paralva
Jurisdiction
England and Wales
Judgment Date
29 July 2021
Procedural Posture
Civil Wrongful Death / Negligence / Summary Judgment Application by First Defendant
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Duty of Care, Corporate Liability, Foreign Law (portuguese Law), Parent/subsidiary Liability, Control and Supervision in Corporate Groups
Tort Law Private International Law Civil Procedure Summary Judgment Duty of Care Corporate Liability Foreign Law (portuguese Law) Parent/subsidiary Liability +1 more

Case Brief

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Parties

Abdulqayyum Shah Ajab Shah

Claimant

Mehtab Begum

Claimant

L3 Commercial Training Solutions Ltd

Defendant

Escola de Aviação Aerocondor SA (Trading as G Air Training Centre)

Defendant

Diogo Paralva

Defendant

Procedural Posture

Civil Wrongful Death / Negligence / Summary Judgment Application by First Defendant

Legal Issues

  1. 1 Whether the first defendant exercised sufficient control and supervision over EAA to owe a duty of care under Portuguese law
  2. 2 Whether the claim against the first defendant has a realistic prospect of success under the applicable legal principles
  3. 3 Whether summary judgment should be granted in favour of the first defendant

Ratio Decidendi

The application for summary judgment was dismissed because there was insufficient evidence to conclude that the claim against the first defendant had no real prospect of success. The evidence regarding control and supervision was disputed, the group structure was unclear, and proper expert evidence on Portuguese law was lacking. The claimants' case was not plainly unsustainable and should proceed to trial.

Court Disposition

Application for summary judgment dismissed

Orders

  • The first defendant's application for summary judgment is dismissed.