Practice – Pre-trial or post-judgment relief. The judge had incorrectly granted summary judgment in relation to the fraudulent misrepresentation claim in respect of breach of a loan agreement. The Court of Appeal, Civil Division found that the evidence had not supported a finding that the first appellant had no real prospect of defending relevant allegations. The order for payment made by the judge in respect of the investment in favour of the respondent would be quashed. However, summary judgment for breach of contract would be given including an order for damages to be assessed.