||All England Reporter
|| All ER (D) 346 (Oct)
||Court of Appeal, Civil Division
Thorpe, Rix and Arden LJJ
||Paul Chaisty QC (instructed by Michael Walters, Grimsby) for the claimant.
||John McGhee (instructed by Lovells) for the defendant.
||23 October 2002
Practice and procedure - Judgment - Summary judgment - Triable issue - Specific performance.
In the claimant's application for summary judgment, the judge had erred in making an order for specific performance by the defendant as the defendant's case on impossibility was not a fanciful one: the judge should instead have considered whether there was a reasonable prospect of a defence to specific performance based on the defence of impossibility.
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