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KA-2024-BHM-000008 - [2025] EWHC 2093 (KB)
Fecha: 12-Ago-2025
The grounds of appeal, and the oral submissions on behalf of the Appellant
The grounds of appeal, and the oral submissions on behalf of the Appellant
There are 13 grounds of appeal. Several of them contain sub-grounds. One of them, Ground 6, has 11 sub-grounds. A number of them overlap. Mr Pennock developed and supplemented his grounds of appeal in oral argument. The essence of the grounds of appeal are that the judge failed to take account of, and/or failed to give sufficient weight to, and/or failed to give adequate reasons in respect of his findings about, certain aspects of the evidence that were relevant either to the cyclospora issue, or to the causation issue.
I will first set out the grounds of appeal and Mr Pennock’s arguments in relation to the cyclopora issue and I will then consider those grounds. I will then do the same in relation to the causation issue.
- Heading
- Mr Justice Cavanagh
- The grounds of appeal
- The relevant legal principles
- Appeals on findings of fact
- Appeals on matters expert evidence
- Adequacy of reasons
- In Glas SAS itself, Falk LJ said, at paragraph 29
- That course of action was not followed in the Glas SAS case. At paragraph 32e, Falk LJ said
- The obligation to deal with a point in cross-examination if a party wishes to rely upon it
- Permission to appeal
- The findings and reasoning of the judge
- The evidence and the judge’s findings that are relevant to the cyclospora issue The Appellant’s evidence, as recorded by the judge
- The judge’s review of the expert evidence
- The judge’s conclusions on the cyclospora issue
- The evidence and the judge’s findings that are relevant to the causation issue
- The judge’s review of the expert evidence on causation
- The judge’s conclusions on causation
- The grounds of appeal, and the oral submissions on behalf of the Appellant
- Grounds relating to the cyclospora issue
- Discussion
- Grounds relating to the causation issue
- Discussion
- Conclusions