Source: All England Reporter
Publisher Citation: [2005] All ER (D) 343 (Nov)
Court: Chancery Division
Judge:

Etherton J

Representation Christopher Parker (instructed by Blake Lapthorn Linnell, Southampton) for the claimant.
  David McGilroy (instructed by ) for the defendant.
Judgment Dates: 24 November 2005

Catchwords

Practice - Summary judgment - Appeal - Claimant company demanding repayment of alleged overpaid bonus payments made to defendant - Whether defendant having reasonable prospect of succeeding at trial.

The Case

The court allowed the defendant's appeal against the deputy master's decision granting the claimant company summary judgment in respect of its claim to recovery of alleged overpayment of bonus payments made to the defendant, in circumstances where the court was satisfied that there were reasonable prospects of the defendant succeeding on both grounds for which permission to appeal had been granted.

Practice Areas

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