WHY YOU SHOULDN’T BANK ON SUMMARY JUDGMENT: THE COURT SHOULD NOT CONDUCT A “MINI TRIAL” ON SUMMARY JUDGMENT APPLICATIONS

In  Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 the Court of Appeal allowed an appeal against an order giving the defendant summary judgment in favour of the defendant bank.  The court emphasised that summary judgment applications should not be "mini trials".  The appropriate time to consider...