0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

Home arrow Insights arrow Resources arrow Blogs arrow Applying for summary judgment...get your facts straight

applying for summary judgment... get your facts straight

22 September 2014

In the case of Global Draw Ltd v IGT-UK Group Ltd the Commercial Court refused an application for summary judgment on the grounds that the application required the court to decide on a number of factual matters which could not be determined without a trial.

The case arose in the context of a share purchase agreement (SPA) pursuant to which the claimant was to purchase the entire share capital of the defendant. As part of the SPA the defendant agreed to indemnify the claimant in respect of two ongoing claims the defendant was party to in Italy.

Following completion of the SPA a dispute arose between the parties as to the extent of the indemnities, the claimant believing that its entitlement to the indemnity was a matter of interpretation and to which the defendant had no defence.

The Commercial Court did not agree with the claimant’s position, finding that as this dispute required determination of wider factual issues it could not be resolved on summary judgment; demonstrating that a successful summary judgment application cannot involve factual issues which need to be resolved.

related opinions

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Covid, claims and the courts

The Ministry of Justice has recently released its civil justice statistics for the period October to December 2020. These statistics show an overall significant downward trend in claim activity compared to pre-Covid times.

View blog

Digitisation of Civil Claims and the Online Court - Is Covid-19 set to accelerate the reforms?

In 2016, Lord Justice Briggs set out his proposals for restructuring the civil courts and tribunals in England and Wales. The vision for modernising court services and creating the “Online Court” has seen the introduction of online platforms for civil claims in recent years but progress has been described as slow.

View blog

View all blogs

mailing list sign up



Select which mailings you would like to receive from us.

Sign up

quick links

information

  1. Investors in people
  2. social mobility index
  3. Lexcel
  5. Plain English Campaign Approved

follow us...

© Copyright Browne Jacobson LLP 2021 - All rights reserved