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Commercial litigation - Judge finds that court should exercise caution when granting early judgment in a case in which serious misconduct was alleged
20 October 2011
On 10th October 2011 His Honour Judge Beatson found that where breach of fiduciary duty and the misappropriation of funds was alleged, it would usually be inappropriate to order summary (early Judgment). Whilst the Defendants' case faced signficant hurles and was unlikely to succeed, its prospects could not be described as fanciful. Summary Judgment would constitute the conclusion that the Defendants had acted in a seriously improper way. Whilst such serious allegations did not bar an application for summary judgment, caution was required.
Stratford Coin & Bullion Inc -v- Youssry Henien and others [2011] EWHC 2552 (Comm)
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Andrew Petchey, Partner, Litigation Team
