||All England Reporter
|| All ER (D) 209 (Nov)
||Robert Sterling (instructed by Berg & Co, Manchester) for the claimant.
||Richard Snowden QC (instructed by Addleshaw Goddards, Leeds and Hammonds, Leeds) for the defendants.
||14 November 2003
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.
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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