The defendant applied to have set aside judgement entered against him in default of acknowledgment of service.
Held: The authorities make it plain that, in order to satisfy the test for resisting a summary claim for for wrongful repudiation and/or breach of contract, a defendant has to demonstrate a defence which is not ‘false, fanciful or imaginary’, and is better than merely arguable.
Judges:
Moore-Bick J
Citations:
[2001] EWHC 508 (Comm), [2001] CLC 1361, [2001] All ER (D) 101 (May)
Links:
Statutes:
Civil Procedure Rules 13.3.(1)
Jurisdiction:
England and Wales
Cited by:
Cited – E D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
Cited – Gold Group Properties Ltd v BDW Trading Ltd TCC 3-Mar-2010
The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called . .
Lists of cited by and citing cases may be incomplete.
Civil Procedure Rules, Contract
Updated: 13 June 2022; Ref: scu.201703