Source: All England Reporter
Publisher Citation: [2002] All ER (D) 320 (Jan)
Court: Court of Appeal, Civil Division

Ward, Sedley and Longmore LJJ

Representation Peter Ralls QC and Stuart Hornett (instructed by Richards Butler) for the claimant.
  Juliet May (instructed by Kennedys) for the second defendant.
  The first, third, fourth and fifth defendants did not appear and were not represented.
Judgment Dates: 30 January 2002


Practice - Summary judgment - Entitlement to summary judgment - Claimant issuing further claim against defendant after summary judgment granted - Summary judgment making further claim uncontestable - Whether correct to grant summary judgment.

The Case

Where, after the grant of summary judgment against a defendant, a further claim was made against him which, by virtue of findings of breach of trust and fraud in the summary judgment application, would be uncontestable, the matter would be permitted to go to trial.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.