Fitzpatrick and Others v Spencer

Practice – Summary judgment. The claimants' appeal against a decision giving summary judgment in favour of the defendants was allowed, in a dispute concerning alterations made to a drainpipe on the defendants' land, allegedly causing the claimants loss and damage. The Chancery Division held that, among other things, the judge had been overly dismissive of elements of the evidence and the inferences to be drawn from it.

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