Summary of Recent Cases – Civil Procedure

An application for strike out or alternatively summary judgment was refused as there could be no determination of the issues without a resolution of the factual disputes

Symon Petrou v (1) Marcio Bertoncello (2) James Dell (3) Gary Cooper (Second and Third Defendants on behalf of themselves and all other members as at 10.01.09 of Dunstable Hang-Gliding and Paragliding Club, Excluding the Claimant [2012] EWHC 2286 (QB)
It was apparent that there could be no determination of the issues in the instant case without a resolution of the factual disputes. There was a need to conduct, at least in part, a critical analysis of the allegations and the evidence upon which the respondent relied, thus demonstrating that there were factual issues to be determined before any decision could be reached as to the existence of a duty of care. There were reasonable grounds for believing that a full investigation was required into the facts to avoid the risk of summary injustice.

October 1, 2012 В· Editorial Team В· Comments Closed
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