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Practice

15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
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Gulati and others v MGN Ltd [2013] EWHC 3392 (Ch), [2013] All ER (D) 66 (Nov)

There were a number of established principles in respect of applications for summary judgment. The usual way of trying disputes was to have a trial after the normal processes of disclosure and interrogatories had been gone through, though there were exceptions to that. One such exemption was that summary judgment might be given against a claimant if it was clear beyond question that the statement of facts was contradicted by all the documents or other material on which it was based. The simpler the case, the easier it would be to take that view. However, more complex cases were unlikely to be capable of being resolved in that way without conducting a mini-trial on the documents, without discovery and without oral evidence. That was not the object of CPR 24. It was designed to deal with cases that were not fit for trial at all. So there should not be mini-trial. Judgment might be given against the claim if it had no real

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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