An agreement was made for a redevelopment of land. The council sought an order requiring specific performance by the respondent of its obligations. The council sought summary judgment, which the respondent resisted claiming that it was presently impossible to proceed.
Held: The judge had been wrong, on an application for summary judgement, to proceed on a mini-trial to see whether a proper issue as to impossibility arose. There was doubt on another issue as to the need for a roundabout, and it was wrong to order the company to build it. The proper test was to ask whether the defendant had an arguable case, the judge should not decide it as at a final action.
Judges:
Thorpe, Rix, Arden LLJ
Citations:
Times 31-Oct-2002, [2002] EWCA Civ 1719
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – M V Yorke Motors v Edwards HL 1982
A sale of a second hand Rolls Royce had gone wrong. The plaintiff was claiming damages of 23,250 pounds. The plaintiff sought Order 14 summary judgment. That was refused, and the Master gave leave to defend without any conditions. The plaintiff . .
Lists of cited by and citing cases may be incomplete.
Land, Civil Procedure Rules
Updated: 06 June 2022; Ref: scu.177835
