Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA [2010] EWCA Civ 397; [2010] WLR (D) 100
“Where an application for summary judgment turned on the terms of a written contract, it did not follow that the factual matrix of the contractual relationship could only be determined by a full trial with discovery, evidence and cross-examination of witnesses. If there was no conflict of evidence on a relevant point of background matrix, it was only when there really were reasonable grounds for supposing that a fuller investigation of the facts as to the background might make a difference to construction that the court should decline to construe the contract on a summary judgment (including a strike out) application.”
WLR Daily, 23rd April 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
