Source: All England Reporter
Publisher Citation: [2002] All ER (D) 37 (Jul)
Court: Chancery Division
Judge:

Peter Smith J

Representation Catherine Newman QC and Evan Ashfield (instructed by Evans Dodds) for the claimant.
  David Lord (instructed by Fairmays) for the defendants.
Judgment Dates: 3 July 2002

Catchwords

Practice - Summary judgment - Appeal - Master having substantial contradictory evidence from witnesses - Whether master erring in granting summary judgment in favour of defendants.

The Case

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.

Practice Areas

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