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15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
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Practice

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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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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