||All England Reporter
|| All ER (D) 01 (Nov)
|| EWHC 2685 (Ch)
||William Evans (instructed by Bridgehouse Partners LLP) for the claimant.
||J appeared in person and on behalf of herself and L.
||24 October 2011
Solicitor - Undertaking - Summary judgment - Claimant company seeking to finance purchase of ship - Claimant needing pay for insurance to acquire letters of credit - Funds for purchase of insurance passed to third defendant solicitor, J - J giving undertaking regarding funds - J subsequently passing funds to other company - Claimant seeking to recover funds - Claimant applying for summary judgment against J, J's firm and eighth defendant, individual alleged to have assisted in dispersal of funds - Whether appropriate to grant summary judgment.
Solicitor Undertaking. The Chancery Division of the High Court held that the claimant company's applications for summary judgment against a solicitor, her firm and a third party in a matter concerning the alleged breach of an undertaking would be dismissed, where the issues raised in the case were such as to require examination at full trial.
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