Archive for the 'summary judgments' Category

Government ‘not liable for torture’ – The Independent

“The Government cannot be held legally liable for British colonial atrocities committed during the Mau Mau Uprising, the High Court heard today.”

Full story

The Independent, 7th April 2011

Source: www.independent.co.uk

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) – WLR Daily

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [2010] EWHC 2094 (Ch); [2010] WLR (D) 231

“Where a landlord opposed the renewal of a tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954 on the ground that he intended to redevelop the land the date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection.”

WLR Daily, 19th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA – WLR Daily

Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100

“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”

WLR Daily, 23rd April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jackson report: litigation processes and their impact on costs – Law Society’s Gazette

“Much has already been said about Lord Justice Jackson’s proposals for success fees, after-the-event insurance, costs shifting and the like, but much less, if anything, about litigation processes, and their impact on costs. Yet it is surely unarguable that a streamlining or simplification of the litigation process would result in a reduction in costs.”

Full story

Law Society’s Gazette, 26th April 2010

Source: www.lawgazette.co.uk

Wandsworth London Borough Council v Whibley – Times Law Reports

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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