Summers v Fairclough Homes Ltd.

Summers v Fairclough Homes Ltd.

The appeal is dismissed because binding Court of Appeal authority holds that the court has no power to strike out a claim in its entirety for fraud where some genuine injury is established; any change to this rule is for Parliament.

Parties
Respondent/claimant: Summers; Appellant/defendant: Fairclough Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 October 2010
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Injury, Fraudulent Claims, Strike Out Applications, Damages Assessment
Tort Law Civil Procedure Personal Injury Fraudulent Claims Strike Out Applications Damages Assessment

Case Brief

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Parties

Summers

Respondent/claimant

Fairclough Homes Limited

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether a claim for damages should be struck out in its entirety due to fraudulent exaggeration by the claimant
  2. 2 Whether the court has power to strike out a claim in its entirety for fraud under the CPR or inherent jurisdiction

Ratio Decidendi

The appeal is dismissed because binding Court of Appeal authority holds that the court has no power to strike out a claim in its entirety for fraud where some genuine injury is established; any change to this rule is for Parliament.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Permission to appeal to Supreme Court refused