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29 January 2010
Issue: 7402 / Categories: Case law , Law digest
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Practice and procedure

Supablast (Nationwide) Ltd v Story Rail Ltd [2010] EWHC 56 (TCC), [2010] All ER (D) 136 (Jan)

CPR 24.2 provided that the court might give summary judgment against a defendant where it considered that the defendant had no real prospect of successfully defending the claim and there was no other compelling reason why the case should not be disposed of at a trial.

It was established case law that the criterion that was to be applied by the judge was not one of probability but of the absence of reality. It was further established law that an adjudicator did not have the jurisdiction to decide his own jurisdiction unless the parties had effectively agreed or permitted him to do so.

Where a defendant to a CPR 24(2) application had submitted to the adjudicator’s jurisdiction, in the full sense of having agreed not only that the adjudicator should rule on the issue of jurisdiction but also that he would then be bound by that ruling, then he is liable to enforcement in the short term, even if

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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