||All England Reporter
|| All ER (D) 126 (Nov)
|| EWCA Civ 1427
||Court of Appeal, Civil Division
Mance and Hale LJJ
||Paul Reed (instructed by Eversheds) for the bank.
||Lesley Anderson (instructed by Eversheds) for the second and third claimants.
||John Haines (instructed by Drivers) for the defendant.
||8 November 2002
Practice and procedure - Striking out - Summary dismissal - No real prospect of success - Triable issue - Judge erring in striking out defendant's set-off and counterclaim.
A judge had come to the wrong conclusion in striking out the defendant's counterclaim on the basis that it would not exceed the claimants' claim, as he had not approached the matter on the basis of the defendant's 'best case' and the defendant would accordingly be entitled to a trial of the issues raised in his counterclaim.
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