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United Kingdom
summary judgmenttriable issue
National Westminster Bank plc v Daniel
[1993] 1 WLR 1453
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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