Griffin v Wood (High Court, Chancery Division, 13 September 2007)
This is a relatively rare case of the summary judgment procedure, which has only been applicable to probate claims since October 2000, being used in a probate claim; even more so given that it was successful. Although, given that history, it was “understandable to start from the assumption that probate actions should go to trial”, probate actions should, in Mark Herbert QC’s view, sitting as a deputy judge of the Chancery Division, “be approached in the same way as other claims”.