Tag Archives: Summary judgment

ASSESSING THE EVIDENCE ON A SUMMARY JUDGMENT APPLICATION: CRITICAL EXAMINATION OF THE RAW MATERIAL IS NECESSARY

In Calland -v- Financial Conduct Authority [2015] EWCA Civ 192 the Court of Appeal set out important principles to be considered when the court is considering an application for summary judgment. THE CASE The claimant brought an action under the Protection from Harassment Act 1997 following investigation of certain matters by the Financial Conduct Authority. […]

SUMMARY JUDGMENT: CONDITIONAL LEAVE TO DEFEND NOT A RUNNER-UP PRIZE: A BARRIER TO THE FLOODGATES ARGUMENT?

In Global Flood Defence Systems Ltd -v- Van Den Noort Innovations BV [2015] EWHC 153 (IPEC) HH Judge Hacon made it clear that a court would only make an order giving conditional leave to defend in limited circumstances. THE CASE The claimants brought an action in relation to allegations of unjustified threats of proceedings for […]

SUMMARY JUDGMENT AND STRIKING OUT: COMPLEX ISSUES CANNOT BE DECIDED SUMMARILY

The decision of Peter Smith J in Emerald Supplies Ltd -v- British Airways PLC [2014] EWHC 3514 (Ch) highlights the difficulties in seeking summary determinations or striking out of cases and issues in complex cases. The judge declined to grant summary judgment or strike out parts of the case in circumstances where these issues were […]

ADJOURNMENT OF SUMMARY JUDGMENT HEARING TO ARGUE NOVATION? NO VAY

In A.T. Stannard Ltd -v- James Tobutt and Thomas Tobutt  [2014] EWHC 3491 (TCC) Mr Justice Akenhead refused an application for the adjournment of a hearing for summary judgment to allow the defendants to, belatedly, argue novation of a contract. THE ACTION The application was for summary judgment on an adjudication decision in which the defendants […]

PORTAL ISSUES: WHAT HAPPENS IF THE DEFENDANT DOESN’T PAY THE COSTS?

It is clear that a new jurisprudence is developing around behaviour in, or around, the portal. A previous post looked at how the court will construe procedural issues arising out of the portal.  I am grateful to Tom Melville of  Cassell Moore for sending my a copy of the approved judgment in the case of […]

THE IMPORTANCE OF DRAFTING WITNESS STATEMENTS THAT COMPLY WITH THE RULES

The Civil Procedure Rules set out rigorous requirements for the structure and layout of witness statements.   The editors of the White Book note (at 32.4.5 of the latest supplement that) “Unfortunately, rules, practice directions and guidance as to the contents of witness statements appear to be habitually ignored by practitioners”.  Here we look at the […]