| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 209 (Nov) |
| Court: | Chancery Division |
| Judge: | Etherton J |
| Representation | Robert Sterling (instructed by Berg & Co, Manchester) for the claimant. |
| Richard Snowden QC (instructed by Addleshaw Goddards, Leeds and Hammonds, Leeds) for the defendants. | |
| Judgment Dates: | 14 November 2003 |
Catchwords
Contracts - Breach of contract - Inducing breach of contract - Claimant seeking damages for breach of concluded contract - Defendants applying for summary judgment - Existence of estoppel - CPR 3.4, Pt 24.
The Case
On a summary judgment application, the court should be wary of reaching a conclusion with regard to the existence of an estoppel before all of the facts of the case had been established and there had been neither disclosure nor cross-examination. In the instant case, it would not have been right on that basis to prevent the claimant's action from proceeding to trial and the application would therefore be dismissed.
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