| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 479 (Jul) |
| Court: | Chancery Division |
| Judge: | Bernard Livesey QC sitting as a deputy judge of the High Court |
| Representation | Richard Edwards (instructed by Bells Potter) for the claimant. |
| Michael Waterworth (instructed by Horsey Lightly Fynn) for the defendant. | |
| Judgment Dates: | 29 July 2005 |
Catchwords
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.
The Case
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.
Practice Areas
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