Summary Judgment In Fraud Claims – Update

The Courts are still grappling with the summary judgment provisions of CPR Part 24. Lord Woolf’s judgment in Swain v. Hillman [2001] 1 All ER 91 remains an important source of guidance. The distinction between cases which have a "real" as opposed to "fanciful" prospect of success is frequently cited, as is the need to avoid conducting a "mini-trial" on an application for summary judgment. Claimants are therefore only able to obtain summary judgment in clear-cut cases where there is no factual dispute and the law is clear (e.g. Trustor AB v. Smallbone (No. 2) [2001] 3 All ER 987, a case of knowing receipt, and Ball v. Eden Project Ltd (The Times, 6 June 2001), concerning breach of fiduciary duty).