||All England Reporter
|| All ER (D) 208 (Dec)
||Court of Appeal, Civil Division
Peter Gibson, Mantell LJJ and Wall J
||Matthew Collings (instructed by Wright Son & Pepper) for the claimant.
||Simon Berry QC and Katharine Holland (instructed by Standley & Co, Solihull) for the defendant.
||14 December 2001
Practice - Summary judgment - Entitlement to summary judgment - Defendant applying for summary judgment - Judge refusing to grant summary judgment on basis of evidence before him - Whether judge making improper inferences from evidence.
An appeal court was bound to interfere with a judge's decision not to grant summary judgment where that decision had been plainly wrong by virtue of the judge having asked the wrong question of himself when deciding the application.
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