Source: All England Reporter
Publisher Citation: [2002] All ER (D) 26 (Oct)
Court: Chancery Division

Pumfrey J

Representation David Christie (instructed by Andrew M Jackson, Hull) for the claimant.
  Madeleine Heal (instructed by Sills & Betteridge, Lincoln) for the second defendant.
Judgment Dates: 2 October 2002


Practice - Summary judgment - No real prospect of success - Passing off - Claimant instigating proceedings against defendants for passing off - Second defendant applying to strike out claimant's claim - Whether second defendant should be given summary judgment - Whether claim should be struck out - CPR, Pt 24.

The Case

The second defendant's application under CPR Pt24 was dismissed as on the facts of the instant case it could not be said that the claimant's allegations had a fanciful prospect of succeeding at trial.

Practice Areas

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