|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 301 (Oct)|
|Court:||Court of Appeal, Civil Division|
Pill, Latham and Arden LJJ
|Representation||Soofi Din (instructed by Wilkins & Thompson, Uttoxeter) for the claimant.|
|Elizabeth Darlington (instructed by Glandfield & Cruddas, Uttoxeter) for the defendant.|
|Judgment Dates:||26 October 2005|
Practice - Summary judgment - Entitlement to summary judgment - Striking out of defence and counterclaim - Facts averred in defence contrary to evidence in earlier proceedings - Judge striking out defence and counterclaim as abuse of process - Defendant amending defence - Whether defendant having prospect of success at trial on basis of proposed defence and counterclaim.