JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch); [2013] WLR (D) 159
“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
