Eady J set out principles applying on applications for summary judgment: ‘the court needs to be satisfied that the relevant party’s case (in this instance that of Mr Cotton) is bound to fail on the material at present available and, secondly, that there is no reasonable possibility of evidence becoming available to him, whether by further investigation, disclosure, cross-examination or otherwise, sufficiently to support his case and give it some prospect of success.’ and ‘where there are unexplained features in a case, which could only be satisfactorily resolved following disclosure and cross-examination, it is important to consider whether they throw doubt on evidence which would otherwise appear to be clear-cut and/or whether they might provide ‘other compelling reasons’ to justify the case being tried. ‘
Judges:
Eady J
Citations:
[2008] EWHC 824 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Pickenham Romford Ltd v Deville ChD 31-Jul-2013
The claimant company’s administrators sought an order to have vacated unilateral notices entered against land titles registered to the claimant. The court now gave its reasons for making the order as requested by way of summary relief. The notices . .
Lists of cited by and citing cases may be incomplete.
Contract, Torts – Other, Litigation Practice
Updated: 14 July 2022; Ref: scu.267001