||All England Reporter
|| All ER (D) 37 (Jul)
Peter Smith J
||Catherine Newman QC and Evan Ashfield (instructed by Evans Dodds) for the claimant.
||David Lord (instructed by Fairmays) for the defendants.
||3 July 2002
Practice - Summary judgment - Appeal - Master having substantial contradictory evidence from witnesses - Whether master erring in granting summary judgment in favour of defendants.
The courts had to be wary of embarking on a mini-trial in advance of a trial. Where the establishment of a case involved the cross-examination of witnesses, it was dangerous for a court to embark on an exercise of the relevant strength of the evidence. In such circumstances, parties should not be deprived of the opportunity to present evidence and cross-examine witnesses by the grant of summary judgment.
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