Category Summary judgment

CAN AN APPLICATION BE AMENDED? AN INTERESTING POINT TO START THE YEAR

There are some procedural issues where you would assume that there was clear pre-existing authority in existence.  However, on examination (usually just before the hearing) it transpires that the point is a “novel” one.   In Agents Mutual Limited-v- Moginnie James Ltd [2016] EWHC 3384 (Ch) Master Matthews considered one such point.  Can a party […]

PROVING THINGS 32: DAMAGES CLAIM STRUCK OUT AS UNSUSTAINABLE; APPLICATION TO AMEND REFUSED.

In Guney -v- Kingsley Napley [2016] EWHC 2349 (QB) Mrs Justice McGowan struck out part of the claimant’s claim for damages and refused the claimant permission to amend to plead new heads of damage. It could serve as an object lesson in the risks involved in claiming damages that are not recoverable in law and […]

“SECOND” ACTION FOR CLINICAL NEGLIGENCE NOT STRUCK OUT AS AN ABUSE OF PROCESS

In the judgment today in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) Mr Justice Edis refused the defendant’s application to strike out the claim or for summary judgment on the grounds that the claimant had settled an earlier claim for damages. the defendant Trust was liable to pay different elements of the claim […]

PROVING THINGS 18: DAMAGES; CAR HIRE; PROOF AND SUMMARY JUDGMENT

The burden is (usually) on a claimant to prove a loss.  There is an interesting discussion on the need to prove “need” in the decision of District Judge Read in Frankland -v- U.K. Insurance Ltd (10th August 2015) which was subsequently upheld on appeal.  It highlights the danger of a claimant failing to put forward […]

SUMMARY JUDGMENT FOR DEFENDANT WHEN THERE WERE ALLEGED DISPUTES OF FACT: DON’T PARK THE CAR

Is it prudent to apply for summary judgment when there are alleged disputes of fact?  I am grateful to my colleague Colm  Nugent for sending me a copy of the judgment of  Mr Justice Cooke in Price -v- Euro Car Parks Limited[2015] EWHC 3253 (QB) where the defendant was successful in an application for summary […]

DISPUTES OF FACT IN SUMMARY JUDGMENT APPLICATIONS: THE APPROPRIATE TEST

In Optaglio Limited -v- Tethal [2015] EWCA Civ 1002 the Court of Appeal considered the issue of how far a judge can determine disputed issues of fact in a summary judgment application. THE CASE The claimant was appealing an order whereby the defendants had been granted summary judgment. The claimant was alleging negligence on the […]