It was alleged that signatures on plans attached to a conveyance were not those of the party. A witness said that only the document itself had been signed. They now appealed against a strike out of their claim.
Held: ‘it will be only in the most exceptional cases that it would be right to exercise the power in circumstances in which the plaintiff has confirmed, unequivocally and on oath, allegations which, if made good, would found a cause of action. The court should not do so unless it is able to say, before hearing oral evidence, that the sworn evidence of the plaintiff cannot be believed. ‘ The appeal was allowed.
Citations:
[1998] EWCA Civ 1720
Jurisdiction:
England and Wales
Citing:
Cited – Wenlock v Moloney CA 1965
The plaintiff alleged a conspiracy to deprive him of his shares and interest in a company. Each side filed affidavit evidence raising issues of fact. With no oral evidence or cross examination on the affidavits, the Master, after a four day hearing, . .
Cited – Lawrence v Lord Norreys HL 1890
The plaintiff brought an action for recovery of possession of an estate, relying on events which had occurred 70 years earlier. The plaintiff had already brought a case which was dismissed on the grounds that it was statute-barred. The plaintiff . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 25 November 2022; Ref: scu.145199