DISPUTES OF FACT IN SUMMARY JUDGMENT APPLICATIONS: THE APPROPRIATE TEST

October 6, 2015 · by · in Civil evidence, Civil Procedure, Members Content, Summary judgment, Uncategorized

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...

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