Swain v Hillman
| Jurisdiction | England & Wales |
| Judge | LORD WOOLF, MR,LORD JUSTICE PILL,LORD JUSTICE JUDGE |
| Judgment Date | 21 October 1999 |
| Judgment citation (vLex) | [1999] EWCA Civ J1021-8 |
| Docket Number | QBENF 1999/0741/B3 |
| Court | Court of Appeal (Civil Division) |
| Date | 21 October 1999 |
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1168 cases
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Slater & Gordon (UK) 1 Ltd v Watchstone
...judgment or setting aside a judgment in default, and the principles that apply are the same. That must be right because cases such as Swain v Hillman [2001] 1 All ER 91 and ED&F Man Liquid Products v Patel [2003] EWCA Civ 472 are in such contexts rather than permission to amend and also a......
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Stewart (Gordon), Andrew Reid, Bay Roc Ltd v Merrick (Herman) Samuels
...befriended by the defendants (appellants) and consequently trusted them ..." 15 The learned trial judge had considered the case of Swain v Hillman et al [2001] 1 All ER 91, relied on by Mr. Garcia for the appellant, and reasoned that the test "real prospect of success" as contrasted with "f......
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Paul William Denning v Greenhalgh Financial Services Ltd
...to make summary determinations is a 'very salutary' one which allows the Court to save costs and delay by resolving points early. See Swain v Hillman [2001] 1 All ER 91 at 92. (b) The question for the Court is whether the respondent to the application has a real as opposed to fanciful pros......
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Astra Asset Management UK v The Co-operative Bank Plc
...applicable to summary judgment applications, taken from passages in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) and Swain v Hillman [2001] 1 All ER 91 at 94: i) the court must consider whether the claimant has a “ realistic” as opposed to a “ fanciful” prospect of success: Swain v......
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1 firm's commentaries
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Summary judgment application in Queensland
...Bernstrom v National Australia Bank Ltd [2002] QCA 231 Jones J said at [37] referring to the UK Court of Appeal case of Swain v Hillman [2001] 1 All ER 91: In Swain Lord Woolf said concerning the relevant .the court now has a very salutary power, both to be exercised in a claimant's favour ......
6 books & journal articles
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Table of Cases
...Value: Law and Practice STO Capital Ltd v London Borough of Haringey [2016] UKFTT CR/2015/0010 (GRC) 4.72, 6.89, App 3 Swain v Hillman [2001] 1 All ER 91, [2001] CP Rep 16, [1999] CPLR 779, [2000] PIQR P51, CA 4.68, 6.78 Tanfern Ltd v Cameron-MacDonald (Practice Note) [2000] 1 WLR 1311, [20......
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Rules and Procedure for Appealing Civil Restraint Orders
...v Wandsworth County Court and Others [2002] EWCA Civ 1738, [2003] 1 WLR 475. 10 Swain v Hillman and Another [1999] EWCA Civ 3053, [2001] 1 All ER 91. 11 Morris v Bank of India [2004] EWCA Civ 1286. 12 Civil Procedure 2013 (the White Book) (Sweet & Maxwell, 2013) Vol 1, para 52.3.7. and make......
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Legal Requirements for a Building or other Land to Qualify for Inclusion in the List of Assets of Community Value
...(GRC) at [11]–[12]; Hamna Wakaf Ltd v London Borough of Lambeth [2016] UKFTT CR/2015/0026 (GRC) at [92]–[93]. 67 Swain v Hillman [2001] 1 All ER 91 at 92j per Lord Woolf MR. 68 Tanfern Ltd v Cameron-MacDonald (Practice Note) [2000] 1 WLR 1311 at [21] per Brooke LJ. 4.71 In the light of the ......
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Appeals
...permission 157 Civil Procedure (the ‘ White Book ’) (Sweet & Maxwell, 2016 edn), para 52.3.1. 158 See para 6.72. 159 Swain v Hillman [2001] 1 All ER 91 at 92j per Lord Woolf MR (in the context of summary judgment under Civil Procedure Rules 1998, rule 24.2), as applied to appeals by Tanfern......
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