SOME PROCEDURAL POINTS ABOUT APPLICATIONS FOR SUMMARY JUDGMENT: APPLYING FOR SUMMARY JUDGMENT BEFORE SERVICE OF THE CLAIM FORM (AN ERROR THAT WAS FORGIVEABLE IN THIS CASE)

This case gives rise to some interesting procedural issues in relation to applications for summary judgment.   The application for summary judgment was made prior to the proceedings being served.  This was in breach of the rules, however on the facts of this case CPR 3.10 was employed.  There were f...