Source: All England Reporter
Publisher Citation: [2001] All ER (D) 166 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Aldous, Chadwick and Laws LJJ

Representation Paul Holmes (instructed by Fruhman Davies Livingstones, Manchester) for the claimant.
  David Berkeley QC (instructed by Hibbert Durrad Davies, Nantwich) for the defendant.
Judgment Dates: 14 February 2001

Catchwords

Practice - Summary judgment - Action for recovery of debt - Judge finding defendant having no prospect of defending claim - Judge granting summary judgment in favour of claimant - Defendant making application to adduce fresh evidence - Whether compelling reason for matter to go to trial.

The Case

In the light of the fresh evidence which had become available, the district judge was plainly and obviously wrong that judgment could be given on a summary basis without trial. The new evidence had shown that the dispute went wider and a trial was therefore necessary. However, the judge had correctly refused the defendant's application to have the order granting summary judgment set aside as in the light of the pending appeal, he did not have the jurisdiction to accede to that application.

Practice Areas

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