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United Kingdom summary judgmenttriable issue

National Westminster Bank plc v Daniel

[1993] 1 WLR 1453
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year1993
StatusBinding authority

Key Principle

On an application for summary judgment (then RSC Order 14, now CPR Part 24), the test is whether the defendant has shown a real or bona fide triable issue; the court is not bound to accept a defendant's assertions where they are incredible or unsupported, but it may not conduct a mini-trial of conflicting evidence.

Area of Law

General

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