Source: All England Reporter
Publisher Citation: [2002] All ER (D) 114 (Mar)
Court: Court of Appeal, Civil Division

Schiemann, Sedley LJJ and Charles J

Representation Clive Freedman QC (instructed by Eversheds) for the claimant.
  Colin Nazir, solicitor advocate (instructed by Linklaters) for the defendant.
Judgment Dates: 8 March 2002


Practice - Summary judgment - Entitlement to summary judgment - Defendant and claimant having entered into contract - Contract containing clause stating contract might only be varied in writing - Defendant relying on clause to make counter-claim - Defendant applying for summary judgment on counter-claim - Judge refusing to grant summary judgment - Whether judge correct.

The Case

Practice Areas

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