||All England Reporter
|| All ER (D) 119 (Nov)
||Court of Appeal, Civil Division
Sir Anthony Clarke MR, Dyson and Jackson LJJ
||Andrew Nicol (instructed by Mills & Reeve LLP) for the claimant.
||Colin Nixon (instructed by Beachcroft LLP) for the defendant.
||12 November 2008
Practice - Summary judgment - Appeal - Transfer of undertakings - Defendant insurer refusing to indemnify claimant in respect of claim under employer liability policy - Judge granting claimant summary judgment on appeal - Whether judge erring.
Practice Summary judgment. Court of Appeal, Civil Division: On the evidence before the courts, the claimant's applications for summary judgment in respect of its claim for the payment of an indemnity purportedly due from the defendant insurer was not suitable for summary determination.
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