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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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