Snell & Ors v. Young & Co Ltd & Ors [2001] EWHC QB 449 (9th November, 2001)

Snell & Ors v. Young & Co Ltd & Ors [2001] EWHC QB 449 (9th November, 2001)

On the evidence as it stands, claimants' claims are unviable due to lack of authoritative expert evidence on causation; group action and most individual claims have no reasonable prospect of success and continuing litigation would be unjust and oppressive to defendants. The court strikes out the group action and individual claims lacking viability.

Citation
[2001] EWHC QB 449
Parties
Claimant: Herbert George Snell and Others; Defendant: Robert Young & Co Ltd and Others
Jurisdiction
England and Wales
Procedural Posture
Group Litigation / Judgment on Strike Out Applications
Outcome
Group action struck out; most individual claims struck out; some individual claims allowed to proceed subject to further evidence.
Legal Topics
Causation, Expert Evidence, Group Litigation, Negligence, Breach of Statutory Duty, Consumer Protection Act 1987, Medical Evidence, Legal Aid, Abuse of Process
Tort Product Liability Personal Injury Civil Procedure Causation Expert Evidence Group Litigation Negligence +5 more

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Parties

Herbert George Snell and Others

Claimant

Robert Young & Co Ltd and Others

Defendant

Procedural Posture

Group Litigation / Judgment on Strike Out Applications

Legal Issues

  1. 1 Whether claimants have adduced sufficient expert evidence to establish causation between organophosphate exposure and alleged injuries
  2. 2 Whether group litigation and individual claims should be struck out for lack of viability
  3. 3 Whether allowing claims to proceed would be oppressive and unjust to defendants

Ratio Decidendi

On the evidence as it stands, claimants' claims are unviable due to lack of authoritative expert evidence on causation; group action and most individual claims have no reasonable prospect of success and continuing litigation would be unjust and oppressive to defendants. The court strikes out the group action and individual claims lacking viability.

Court Disposition

Group action struck out; most individual claims struck out; some individual claims allowed to proceed subject to further evidence.

Orders

  • Group litigation struck out for lack of viability and oppressive effect.
  • Individual claims of Bruce, Forbes, Ford, Jones, Layton reviewed; Bruce's claim struck out, Forbes, Ford, Jones, Layton's claims allowed to proceed subject to further evidence.