Source: All England Reporter
Publisher Citation: [2007] All ER (D) 336 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Laws, Scott Baker and Wilson LJJ
Representation Jonathan Harvie QC and Adam Swirsky (instructed by McFaddens) for the claimants.
  The defendant appeared in person.
Judgment Dates: 26 February 2007

Catchwords

Practice - Summary judgment - Prospects of defending action - Judge allowing appeal against master's refusal of application for summary judgment - Whether judge's decision amounting to re-hearing of application - Civil Procedure Rules 1998, , r 52.11.

The Case

In proceedings brought by solicitors to recover their fees, in which the defendant had claimed that the solicitors' retainer letter was a sham, where a judge had allowed an appeal against a master's refusal of summary judgment, the master's decision that the defence had had no real prospect of success had been multi-factorial, dependent on inferences and an analysis of documentary material, and in those circumstances the proceedings before the judge had been a 'review' within the meaning of CPR52.11(1). He had not embarked on a re-hearing of the application, contrary to the interests of justice.

Practice Areas

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