Omar Elbanna v Tom Clark

Omar Elbanna v Tom Clark

Permission to appeal is granted on the recklessness point because the judge's reasoning lacks clarity and symmetry between the legal framework and conclusion, warranting determination by the full court.

Parties
Claimant/respondent: Mr Omar Elbanna; Defendant/appellant: Mr Tom Clark
Jurisdiction
England and Wales
Judgment Date
03 October 2025
Procedural Posture
Civil Appeal / Leave to Appeal Ruling
Outcome
leave to appeal granted on grounds one, two, and five; refused on grounds three, four, six, and seven
Legal Topics
Negligence, Recklessness, Personal Injury
Tort Law Negligence Recklessness Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Omar Elbanna

Claimant/respondent

Mr Tom Clark

Defendant/appellant

Procedural Posture

Civil Appeal / Leave to Appeal Ruling

Legal Issues

  1. 1 Whether the trial judge erred by applying a recklessness standard instead of the agreed negligence test
  2. 2 Adequacy of the judge's reasoning regarding breach of duty
  3. 3 Whether findings of fact could be reopened on appeal

Ratio Decidendi

Permission to appeal is granted on the recklessness point because the judge's reasoning lacks clarity and symmetry between the legal framework and conclusion, warranting determination by the full court.

Court Disposition

leave to appeal granted on grounds one, two, and five; refused on grounds three, four, six, and seven

Orders

  • Applicant for leave to appeal allowed on grounds one, two, and five
  • Leave refused for grounds three, four, six, and seven