“…emphasised that in this case the judge gave summary judgment against Mr. Bennett. In Doncaster Pharmaceuticals Group Ltd v The Bolton Pharmaceutical Co 100 Ltd [2006] EWCA Civ 661, [2007] FSR 3 Mummery LJ warned against the over-ready use of summary judgment. As he explained at [18]:…”
“…The judge referred to Mummery LJ’s warning in Doncaster Pharmaceuticals Group Ltd v. Bolton Pharmaceutical Co 100 Ltd [2006] EWCA Civ 661 at[18] and [11] that the court should be alert to “the defendant, who seeks to avoid summary judgment by making a case look more complicated and difficult than…”
“…lter the evidence available to a trial judge and so affect the outcome of the case” (see Doncaster Pharmaceuticals Group Ltd v Bolton Pharmaceutical Co 100 Ltd [2006] EWCA Civ 661, [2007] FSR 63, at paragraph 18, and Easyair,…”
“…emerge on disclosure which will provide substantial support for their case at trial: see Doncaster Pharmaceuticals Group Ltd v Bolton Pharmaceutical Co 100 Ltd [2006] EWCA Civ 661; [2006] ETMR 65, at [17]-[18]. It is not possible for RDS to say that the evidence relied upon by the claimants is contradicted by the documents; still less ca…”