||All England Reporter
|| All ER (D) 479 (Jul)
Bernard Livesey QC sitting as a deputy judge of the High Court
||Richard Edwards (instructed by Bells Potter) for the claimant.
||Michael Waterworth (instructed by Horsey Lightly Fynn) for the defendant.
||29 July 2005
Practice - Summary judgment - Entitlement to summary judgment - Claimant contending that sale of her property procured by misrepresentation and/or undue influence - Whether claim having reasonable prospect of success - CPR Pt 24, SI 1998/3132.
On the evidence, there was no reasonable prospect of the claim that the defendant had purchased the claimant's property through misrepresentation and-or undue influence succeeding at trial. Accordingly, judgment would be given in favour of the defendant on his application under CPRPt24.
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