Roundtable Discussion; The Future of Mineral Sands. Watch the video here.
Not passing any comment. Operational enhancements š
https://www.linkedin.com/posts/cruise-%26-ferry_refurbishment-begins-on-villa-vie-odyssey-activity-7191428655846227968-OdaH?utm_source=share&utm_medium=member_android
I'm not suggesting they are desperate at all. They applied for a summary judgement in the hope it was upheld. I am well aware they instigated proceedings. Since instigation they have been privy through mandated document exchanges to our evidence that their claims are unfounded.
They then applied for summary judgement late in the pretrial period. I believe they felt that full examination of Novacyts defence would ultimately be detrimental to their claim and therefore tried to circumnavigate that happening by applying for a summary judgement.
Yippee it failed.
Off out no more to say on the topic.
Why do you think the DHSC made the application ? Do you understand the ramifications if they had been successful. I do CS , yes they wanted to stop the case going to trial.
Yes CS , they did. If the DHSC had won instead of the application being dismissed , thrown out , not upheld , the consequences could have been dire for NCYT. The trial may very well have not proceeded with the judge saying no chance of success.
It can go ahead , now we wait to see if it does or a settlement is reached. I am also pleased ( by default) to learn that they don't have us over a barrel over some technicality related to the contract, which may have been difficult to defend.
The DHSC now will also know how NCYT intend to defend their claims re the tests suitability ( that is how the judge made her decision) and it may well result in them being more inclined to settle , I obviously have no idea , but view the decision as pivotal in relation to how the DHSC now decide to proceed. Imo.
Neil , as the claimant the DhSC has to prove their claims. They would have gone with their strongest line of arguement in the application, in the hope of a win and Ncyt being unable to provide in detail all their evidence both written and oral ( witnesses) I am not at all concerned about the supposed 6 NHS labs , what hasn't been reported is the thousands of successfully executed exsig tests, nor the reasons why Twigger used the phrase 'throughly bad' in relation to the DHSC evidence. The judge saw enough to dismiss their application.
I view this as very positive and definitely opens the door to negotiation. What Ncyt decide to do if an offer is made is beyond my ability to predict.
I would expect the costs for preparation of defence of application to be awarded to Novacyt.
How did the govt barristers call it right ?
Be under no illusion , the govt wanted the case stopped . The application was to basically say NCYT couldn't win , they put forward their strongest arguement and the judge dismissed it. In other words Novacyt have indeed sufficient evidence to win this and you will not shut it down. It was a chance they took and the govt lost.
Let us not forget that Ncyt had to undertake training of NHS staff , requested by the NHS.
I believe around fifty such sessions were held. Odd that if it wasn't rolled out anywhere.
If it proceeds to trial it means that the application was dismissed and the DHSC lost round one to simplify things. They basically wanted to prevent it going to full trial is my read. Now negotiations could start in earnest if indeed the application was dismissed. If Ncyt choose to go this route, remains to be seen.
It would appear from that article that the next step is full trail commencing in June.
The onus is on the claimant to prove that Exsig was not fit for purpose . We know it was used successfully elsewhere.
So I expect an RNS HC, timing unknown.
I thought they may decrease as he was chair of Shipbuilding and repair APPG until March this year. See role of this Committee.
https://www.parallelparliament.co.uk/APPG/shipbuilding-and-ship-repair
We all would.
Tomorrow..
Honourable Mrs Justice Jefford, DBE is the High Court judge presiding over proceedings. Welsh, contract expert , currently presiding judge for Wales.
Sits in the T&C Court, where our case will be held.
GLA
GlA
Sorry Twib , just read this , although Eng and Wales , may apply to NI. No time to look tonight. Stokey12 might know.
https://www.judiciary.uk/guidance-and-resources/practice-guidance-remote-hand-down-of-judgments-in-the-court-of-appeal-civil-division/
It is entirely feasible that LR thought he would have a cash injection from the sale of the Taiwan lab. The markets were in a downward spiral and the ability to raise without diluting to oblivion wasn't an option.
Regarding LR spaffing the NCYT treasure chest up the wall, forewarned is forearmed.
Don't think there will be any LTH's who won't have that at the top of their watch list .