The parties had contracted for the exploitation of recordings of live music performances held by the claimant. Summary judgment was sought.
Held: Where, as here, the court was already in possession of all the evidence which might be presented at a full trial, that was one factor in favour of considering a summary disposition.
Toulson LJ said: ‘This raises the question how the court should proceed where the issue raised is a pure point of construction which can be as well determined on a summary application as on a full trial (or a trial of preliminary issues), because it will not be affected by evidence. It seems to me that if at the end of the argument the court comes to a clear view as to the correct construction, the court has jurisdiction to grant summary judgment under CPR 24.2 on the basis that a trial would have no realistic prospect of causing it to reach a different judgment.’
Judges:
Toulson LJ
Citations:
[2007] EWHC 134 (Comm)
Links:
Cited by:
Cited – Kingerlee Holdings Ltd v Dunelm (Soft Furnishings) Ltd ChD 21-Jan-2013
There had been an agreement for a lease of a property on a commercial estate yet to be built. The parties disagreed when the tenant was to be obliged to take the lease. The proposed landlord sought summary judgment.
Held: The court had all the . .
Lists of cited by and citing cases may be incomplete.
Contract, Litigation Practice
Updated: 09 July 2022; Ref: scu.248398