Agents' Mutual Ltd v Moginie James Ltd [2016] EWHC B34 (Ch) (19 December 2016)

The application for summary judgment does not comply with Practice Direction to CPR Part 24 paragraph 2(3) regarding the points of rescission barred by affirmation and incorporation of representations as terms; therefore, the scope of the application is restricted to issues relating to the Disclaimer only.

Citation: [2016] EWHC B34 (Ch)
Parties: Claimant: Claimant; Defendant: Defendant
Jurisdiction: England and Wales
Judgment Date: 19 December 2016
Procedural Posture: Summary Judgment Application / Interlocutory Ruling on Scope of Application
Outcome: Hearing adjourned; scope of summary judgment application restricted to Disclaimer issues.
Legal Topics: Summary Judgment, Misrepresentation, Affirmation, Incorporation of Terms, Disclaimer Clause

Contract Law Civil Procedure Summary Judgment Misrepresentation Affirmation Incorporation of Terms Disclaimer Clause

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Parties

Claimant

Defendant

Procedural Posture

Summary Judgment Application / Interlocutory Ruling on Scope of Application

Legal Issues

1 Whether the summary judgment application properly includes issues of rescission barred by affirmation and incorporation of representations as terms
2 Compliance with Practice Direction to CPR Part 24 regarding identification of points of law

Ratio Decidendi

Court Disposition

Hearing adjourned; scope of summary judgment application restricted to Disclaimer issues.

Orders

Hearing adjourned to a date to be discussed with counsel.
Summary judgment application limited to issues (2) and (5) concerning the Disclaimer.