There is no longer an absolute bar against obtaining summary judgment when fraud is alleged, but the fact that a claim is based on fraud is a relevant factor. The risk of a finding of dishonesty may itself be a strong reason for allowing a case to proceed to trial, even where the case looks strong on the papers.
Citations:
[2006] EWCA Civ 237
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Nigeria v Santolina Investment Corp and others ChD 7-Mar-2007
The federal government sought to recover properties from the defendants which it said were the proceeds of corrupt behaviour by the principal defendant who had been State Governor of a province. The claimant sought summary judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 05 July 2022; Ref: scu.239112
