Court has power to overturn Judge’s exercise of discretion to refuse summary judgment. If a defendant appealed against an Order 14 judgment, then on the question as to what order it was appropriate to make under Order 14, the judge in chambers had a completely free discretion and in those circumstances ought not to have declined to order summary judgment simply because there was no cross-appeal.
Citations:
Gazette 18-Mar-1992, Times 25-Nov-1991
Jurisdiction:
England and Wales
Litigation Practice
Updated: 08 April 2022; Ref: scu.80381