- Cited — Dr Craig Wright v Peter McCormack 2023-07-26
“…port of these propositions 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 doe…”
- Cited — Rasal Khaimah Investment Authority v Farhad Azima & Ors 2023-05-15
“…ones v University 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 il…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…t been satisfactorily 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 pr…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…) v Lord Chancellor [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…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…e court's process 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 — Zurich Insurance Plc v Romaine 2019-05-17
“…Court in Fairclough Homes Limited v Summers [2012] UKSC 26 (at paragraphs [56][59]), emphasising that all reasonable steps should be taken to deter fraudulent claims, including by contempt proceedings (paragraph [50]).…”
- 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 …”
- Cited — Hughes Jarvis Ltd vSearle & Anor 2019-01-15
“…iction which the judge purported to exercise in the present case. The judge was referred to the decision of the Supreme Court in Summers v Fairclough Homes Ltd [2012] UKSC 26 which concerned an application to strike out a claim for damages for personal injury at the conclusion of the trial on the ground that the claimant had given f…”
- Cited — Terry v BCS Corporate Acceptances Ltd & Ors 2018-11-02
“…e claim for abuse 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.…”