28 June 2007
ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] All ER (D) 115 (Jun)
Applications under CPR Pt 24 (summary judgment) often involves short points of construction of agreements.
Where the judge is satisfied that he has all relevant material before him, and that the parties can argue the point fully, he ought to grasp the nettle and decide the point, since the question whether the claim has a reasonable prospect of success depends on the answer to the question of construction.
Arguments that the matter should go to full trial since evidence might emerge that bears on the construction point should be regarded with caution.
