Sentences with phrase «summary judgment application»

The current economic climate may result in an increase in the number of summary judgment applications as parties seek to dispose of cases quickly.

This will sometimes include expert evidence on complex matters, even at summary judgment applications.

The decision in King v King [2014] EWHC 2827 (Ch) provides a rare example of a successful summary judgment application in the contested wills sphere.

Halliwells v Austin [2012] EWHC 1194 (Ch) Acted for former partner in successful summary judgment application defeating claims by liquidator of the firm.

Sophia Purkis sets out the test for a successful application, following the Ticketus ruling Summary judgment applications are an established tool to seek determination of suitable claims relatively quickly.

While some apply specifi cally to summary judgment applications others apply equally well to other forms of applications.

These grounds can be relied upon in the evidence submitted by the judgment debtor resisting the claimant's summary judgment application under CPR Part 24 or employed as defences to recognition and enforcement.

Of course, not all failed summary judgment applications result in backhanded success for the applicant.

Our client was swamped dealing with the legal and factual aspects of a complex summary judgment application.

In deciding that wrongful dismissal damages were not an appropriate matter for summary judgment, the court's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraph 31).

While a successful summary judgment application can bring an end to proceedings, even an unsuccessful one can assist a party to «score the first point» in litigation and weaken his opponent's armoury early in proceedings.

In The Creative Foundation, the first defendant (against whom the summary judgment application was made) was balance sheet insolvent throughout the proceedings, as noted by Arnold J. However, this issue was not considered further.

A summary judgment application was brought by Google in Trkulja v Google Inc & Anor (No 2)[2010] VSC 490 --(28 October 2010) after the plaintiff's fourth amendment to the pleadings, but the summary judgment was abandoned and the proceedings focused again on the sufficiency of the pleadings.

A fine balance It is accepted that there is always a balance to be struck on a summary judgment application between the risk of injustice to the claimant and the injustice of subjecting defendants to the time and costs of a claim that is fanciful in approach and amount.

The Court of Appeal finds the Applicants have not established a reasonable likelihood of succeeding in the application as it relates to a stay pending the conclusion of their summary judgment application — the August 21, 2015 decision strongly suggests the need for a full trial of the underlying matter.

Such evidence should be provided when bringing or resisting a summary judgment application.

In hearing a summary judgment application, the court asks itself whether the claim / defence / counterclaim of the party seeking to resist a summary judgment application:..

JANNA PURDIE provides practical guidance for practitioners involved in summary judgment applications

The Chambers Judge dismisses the Appellant's summary judgment application and concludes the entire matter could be dismissed on a summary basis.

Although the hearing judge did not grant the summary judgment application, he struck out the claims as disclosing no cause of action against the company.

Acted for the administrators of an estate in relation to a dispute concerning ownership of a company's shares, including defending a summary judgment application involving questions of res judicata from previous decisions in parallel foreign proceedings.

It must also consider whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

The difference between such an application and an injunction application, however, is that a summary judgment application in most cases centres on a written agreement between the parties.

He is particularly experienced in cost effective ways of bringing cases to an end including strike out and summary judgment applications.

[6]... Summary judgment applications are not a substitute for trial and thus will seldom prove suitable for resolving conflicts in expert testimony particularly those involving difficult, complex policy issues with broad social ramifications.

For the purposes of a strike out / summary judgment application it was assumed that these allegations were justified (para [40]-RRB-.

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

It also considered whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

Our client, faced with a summary judgment application in a conspiracy case, asked us to conduct initial research on both the substantive law as well as the standards required by the courts, and provide a detailed analysis of the pleadings.

The court has held that where a defendant serves a late acknowledgment of service, he may be entitled to an extension of time to serve the acknowledgment together with a period of time in which to consult with his recently appointed lawyer prior to putting in a response to a summary judgment application by the claimant.

● The defendant was to put in any evidence in response to the summary judgment application within four weeks.

The summary judgment application was, however, not advanced in the hearing.