Horne-Roberts v SmithKline Beecham Plc and another

JurisdictionEngland & Wales
JudgeLORD JUSTICE KEENE,LORD JUSTICE HALE
Judgment Date18 December 2001
Neutral Citation[2001] EWCA Civ 2006
Docket NumberCase No: A2/2001/0611
CourtCourt of Appeal (Civil Division)
Date18 December 2001
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31 cases
  • O'Byrne v Sanofi Pasteur Ltd and Another (Case C-127/04)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 October 2007
    ...3 The first issue was not argued before the judge because it was accepted that he was bound by the decision of this court in Horne-Roberts v SmithKline Beecham Plc [2001] EWCA Civ 2006, [2002] 1 WLR 1662 (' Horne-Roberts') to hold that section 35 is applicable to the ten year cut-off peri......
  • Insight Group Ltd and another v Kingston Smith (A Firm)[Queen's Bench Divison]
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
    ...1 Lloyd’s Rep 201, CA and Adelson v Associated Newspapers Ltd [2008] 1 WLR 585, CA applied.Horne Roberts v SmithKline Beecham plc [2002] 1 WLR 1662, CA considered.The following cases are referred to in the judgment:Adelson v Associated Newspapers Ltd [2007] EWCA Civ 701; [2008] 1 WLR 585; [......
  • Various Claimants (The Persons Identified in Schedule 1) v G4S Plc
    • United Kingdom
    • Chancery Division
    • 10 March 2021
    ...or his agent, was aware of the proceedings and of the mistake so that no injustice was caused by the amendment. In the SmithKline case [2002] 1 WLR 1662, however, Keene LJ accepted that the Sardinia Sulcis test could be satisfied where the correct defendant was unaware of the claim until t......
  • The Insight Group Ltd and Another v Kingston Smith (A Firm)
    • United Kingdom
    • Queen's Bench Division
    • 18 December 2012
    ...that extent at least, therefore, the law has been liberalised. 36 This is confirmed by the decision of the Court of Appeal in Horne-Roberts v SmithKline Beecham plc [2002] 1 WLR 1662. In that case the claimant initially sued Merck believing it to be the manufacturer of a vaccine which the c......
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1 firm's commentaries
  • Extension Of Manufacturers' Product Liability Exposure After 10-Year Cut-Off Period
    • United Kingdom
    • Mondaq United Kingdom
    • 29 November 2007
    ...of Appeal considered itself bound by, and decided to follow, its own previous 2001 decision in Horne-Roberts v SmithKline Beecham Plc [2001] EWCA Civ 2006. This case also examined the apparent conflict between the Directive and s.35 of the Act in relation to very similar facts arising in co......

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