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Practice – Pre-trial or post-judgment relief. The claimant brought a claim for damages for breach of contract against the defendant. The defendant applied on the day of the trial to strike out the claimant's statement of case and for summary judgment. The Queen's Bench Division held that despite the applications being made on the day of the trial, the only proper step was to strike out the claimant's statement of case and grant summary judgment.
Practice – Pre-trial or post-judgment relief. The claimant brought a claim for damages for breach of contract against the defendant. The defendant applied on the day of the trial to strike out the claimant's statement of case and for summary judgment. The Queen's Bench Division held that despite the applications being made on the day of the trial, the only proper step was to strike out the claimant's statement of case and grant summary judgment.
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