- Cited — Dr Craig Wright v Peter McCormack 2023-07-26
“…opositions Mr Callus relied on two personal injury cases, Ul Haq v Shah[2009] EWCA Civ 542, [2010] 1 WLR 616 and Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004. None of these points had been made to the judge at the trial.…”
- Overruled — Dr Craig Wright v Peter McCormack 2023-07-26
“…In Summers v Fairclough Homes Ltd [2012] UKSC 26 [2012] 1 WLR 2004 the Supreme Court held (overruling the second ground of decision in Ul Haq) that in an extreme case of fraudulent exaggeration, the court does have the power u…”
- Cited — Rasal Khaimah Investment Authority v Farhad Azima & Ors 2023-05-15
“…y of Warwick [2003] EWCA Civ 151; [2003] 1 WLR 954, or that RAKIA’s claims should have been struck out, based on Summers v Fairclough Homes Ltd [2012] UKSC 26; [2012] 1 WLR 2004. The Court of Appeal held that, even if the factual assumptions made in [40] were established, it would not be appropriate to exclude the illegally obtained ev…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…orily proved” (see Alpha Rocks Solicitors v Alade [2015] EWCA Civ 685, [2015] 1 WLR 4535 at para. [24]; and also Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004 at para. [48]). Thus it has been stated repeatedly that it is only in “clear and obvious” cases that it will be appropriate to strike out proceedings as an abu…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…lor [2017] UKSC 51, [2020] AC 869,at paras. [61]-[85]), as well as being enshrined in article 6 (see for example Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004 at paras. [46]-[48]). We do not go so far as to say that a claimant has an unfettered right to pursue an arguable claim against their chosen defendant: the Wye…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…s or is otherwise likely to obstruct the just disposal of the proceedings”. The decision of the Supreme Court in Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004 establishes that the court may exercise this power even after trial.…”
- Cited — Cable v Liverpool Victoria Insurance Co Ltd 2020-07-31
“…This passage has been cited many times since, most recently by the Supreme Court in Summers v Fairclough Homes Limited [2012] UKSC 26, [2012] 1 WLR 2004, a case where the claimant had greatly exaggerated his long-term disabilities.…”
- Cited — Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors 2020-02-06
“…In Summers v. Fairclough Homes Ltd [2012] 1 WLR 2004 at [35], there is a passage from the judgment of Lord Clarke (giving the judgment of the Supreme Court) which was relied on by the respondents:…”
- Approved — Liverpool Victoria Insurance Company Ltd v Zafar (Rev 1) 2019-03-19
“…Those words have been cited and adopted in many subsequent cases. In Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004, a case in which a claimant injured in an accident at work had grossly exaggerated his claim, they were approved by the Supreme Court. Lord Clarke, giving the …”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…e of process under CPR 3.4 and/or the court’s inherent jurisdiction in reliance on the Supreme Court decision in Summers v Fairclough Homes Ltd [2012] UKSC 26, [2012] 1 WLR 2004.…”
- Cited — Tuson v Murphy 2018-06-22
“…eticence had been exposed. The defendant could have made a Calderbank offer (Calderbank v Calderbank, 1976 Fam 1993 and see Lord Clarke in Summers v Fairclough 2012 1 WLR 2004, para 54) making it clear that costs would not be offered. Since the Part 36 procedure was deliberately adopted, it is not unjust, argued Mr Moore, for its nor…”
- Cited — Tuson v Murphy 2018-06-22
“…contributory negligence deduction, valuing the claim at over £400,000). This is not a case of gross exaggeration on the scale of Summers v Fairclough Homes Ltd [2012] 1 WLR 2004. But the Claimant’s attempts to run the playgroup were certainly material to her argument that she was, and might remain for a long period, incapable of any wo…”