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Practice – Summary judgment. The main contractor for a house construction appealed against summary judgment on liability in favour of the building owners in the context of multi-party litigation concerning fire damage. The Court of Appeal, Civil Division, in allowing the appeal, held that there were compelling reasons, under CPR 24.2(b) not to enter summary judgment. In particular, the position as to causation of the fire had not been so clear as to justify summary judgment and it had been inappropriate to have done so when similar issues had remained to be determined at a full trial as between the other parties.
Practice – Summary judgment. The main contractor for a house construction appealed against summary judgment on liability in favour of the building owners in the context of multi-party litigation concerning fire damage. The Court of Appeal, Civil Division, in allowing the appeal, held that there were compelling reasons, under CPR 24.2(b) not to enter summary judgment. In particular, the position as to causation of the fire had not been so clear as to justify summary judgment and it had been inappropriate to have done so when similar issues had remained to be determined at a full trial as between the other parties.
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