Source: All England Reporter
Publisher Citation: [2002] All ER (D) 346 (Oct)
Court: Court of Appeal, Civil Division

Thorpe, Rix and Arden LJJ

Representation Paul Chaisty QC (instructed by Michael Walters, Grimsby) for the claimant.
  John McGhee (instructed by Lovells) for the defendant.
Judgment Dates: 23 October 2002


Practice and procedure - Judgment - Summary judgment - Triable issue - Specific performance.

The Case

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.

Practice Areas

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