Selected cases from the Court of Appeal (Civil Division) are now being live-streamed on the judiciary’s YouTube channel.
Live-streaming of selected cases began in November 2018 to improve public access to, and understanding of, the work of the courts. It is anticipated that every hearing in Court 71 (the Master of the Rolls’ court) will be live streamed.
View previous cases on the Court of Appeal video archive page.
Click on the case title to be taken directly to the relevant YouTube page
17th – 18th March 2020
By Appellant’s Notice filed on 18 April 2019, the Second Defendant, Barings (U.K.) Limited, appeals with the permission of the Chancellor of the High Court, his order of 28 March 2019, whereby he declared that the Second Defendant is not entitled to an Incentive Collateral Management Fee upon the optional redemption of the Notes pursuant to Condition 7(b)(i)(A), declared that the Class F Secured Income Noteholders are entitled to the monies which are being held to the order of the Claimant to abide the outcome of the proceedings, subject to certain deductions, and made consequential costs orders.
The legal issue related to the meaning of documentation establishing a European collateralised loan obligation securitisation transaction. The issue was which of the Collateral Manager, (Barings) and the Class F Noteholders (Napier Park European Credit Opportunities Fund Ltd) were entitled to some 15,303,430.73 Euros and whether that sum was payable to the Collateral Manager as an Incentive Collateral Management Fee. The proceedings were brought under CPR Part 8 in order to determine 5 questions of interpretation of the Transaction documentation.
Click here for lower court Judgment:
24th – 27th March 2020 (not sitting 26th)
Swift –v- Carpenter
the Claimant appeals (with permission in part) from the order of Mrs J Lambert dated 2 August 2018, sitting in the QBD on a quantum only trial, giving judgment for the Claimant in the sum of GBP 4,098,051.00 for all heads of loss, including interest, in full and final settlement of her claim; making consequential costs orders and giving the Claimant permission to appeal the ruling that there should be no award for the capital costs of special accommodation.
High value personal injury claim arising from a road traffic accident on 31 October 2013. Liabiity admitted. Claimant suffered a below the knee left leg amputation and had a significant injury to her other leg and has severe phantom limb pains.
 Permission granted and sought in respect only of one issue- the additional capital accommodation costs associated with the Claimant’s disability. Judge found the value of the house now needed was GBP 900,000 more than the value of the house Claimant would have needed. Given the current negative discount rate of (0.75%) the application of the Roberts v Johnstone  formula would result in a nil award in respect of this loss. Judge found she was bound by Roberts although she noted status of the formula was the subject of considerable debate. She also observed this was only the second time the Roberts formula has been challenged since the introduction of the negative discount rate and that the appeal in the earlier challenge was compromised.
Grounds – (1) the Judge erred in concluding she was bound to make a nil award and should have made an award in one of the alternative forms advanced by the Claimant in her final Schedule of Damages (2) in the alternative, if the Judge was bound by Roberts, then the method of calculating such loss set out in Roberts should be revisited and this Court make an award in one of the alternative forms above or as it sees fit.
Click here for lower court Judgment:
- View the live stream from Court 71 directly on YouTube here.
- View the live stream from Court 73 directly on YouTube here.
- View the live stream from Court 76 directly on YouTube here.
Previous Court of Appeal (Civil Division) hearings
You can view previous cases on the Court of Appeal video archive page