Source: All England Reporter
Publisher Citation: [2010] All ER (D) 241 (May)
Neutral Citation: [2010] EWHC 1134 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Gross J

Representation Mark Howard QC and Hugh Norbury (instructed by Ince and Co) for the claimant.
  Richard Millett QC and Richard Slowe (instructed by SJ Berwin LLP) for the defendant.
Judgment Dates: 24 May 2010

Catchwords

Practice - Summary judgment - Entitlement to summary judgment - Defence to claim - Claimants bringing action for fraud against defendants - Claimants seeking summary judgment - Whether defendants having reasonable prospect of defending claim - Whether claimants having strong case - Whether summary judgment should be granted.

The Case

Practice Summary judgment. The Commercial Court in refusing to give summary judgment but making a conditional order, discussed considerations applicable to an application for summary judgment in a situation where allegations of fraud had been made.

Practice Areas

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