Allied Dunbar Assurance Plc v Ireland [2001] EWCA Civ 1129 (12 June 2001)

Allied Dunbar Assurance Plc v Ireland [2001] EWCA Civ 1129 (12 June 2001)

Summary judgment is inappropriate in fraud cases where the defendant has categorically denied the allegation and there are significant evidentiary gaps; the case must proceed to trial.

Citation
[2001] EWCA Civ 1129
Parties
Claimant/respondent: Allied Dunbar Assurance PLC; Defendant/appellant: Christine Julie Ireland
Jurisdiction
England and Wales
Judgment Date
12 June 2001
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment
Outcome
Appeal allowed; summary judgment set aside; case to be tried by a different judge.
Legal Topics
Summary Judgment, Standard of Proof in Fraud, Evidentiary Requirements
Civil Procedure Fraud Summary Judgment Standard of Proof in Fraud Evidentiary Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Allied Dunbar Assurance PLC

Claimant/respondent

Christine Julie Ireland

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether summary judgment is appropriate in a case alleging fraud where the defendant denies the allegation and evidentiary gaps exist

Ratio Decidendi

Summary judgment is inappropriate in fraud cases where the defendant has categorically denied the allegation and there are significant evidentiary gaps; the case must proceed to trial.

Court Disposition

Appeal allowed; summary judgment set aside; case to be tried by a different judge.

Orders

  • Case to be tried by someone other than Judge Weeks QC
  • Appellant to have costs of the appeal