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United Kingdom
summary judgmentloan recoverymaterial dispute
CIT cites Sagicor Bank Jamaica v Taylor-Wright
Sagicor Bank Jamaica Ltd v Taylor-Wright [2018] UKPC 12
Key Principle
Where a claimant seeks summary judgment and the defendant denies the claimant's case on the facts but advances its own version of facts which, even if proved, would still entitle the claimant to relief, the court should grant summary judgment rather than direct a trial; a defendant cannot defeat summary judgment by raising a factual dispute (here an allegation of forgery) that is immaterial to the claimant's entitlement.
Area of Law
General
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