|Source:||All England Reporter|
|Publisher Citation:|| 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.