Mark Harper QC has been successful in obtaining a summary judgment where the defence was based on allegations of forgery/fraud.
Mark acted for the claimant in a debt recovery claim where the defence alleged that the underlying agreements had been forged by a third party who was seeking to defraud the claimant/defendant. HHJ Pearce, sitting in the Business & Property Court granted summary judgment for the claimant on the claim. The Judge “employed his critical faculties” and evaluated the evidence and case of the defendant by reference to the contemporaneous documents and found the same to be devoid of reality.
The case is a useful reminder that whilst claims/defences based on disputed issues of fact will not ordinarily be suitable for summary judgment, there will still be those cases where what is being factually alleged is not sustainable when viewed against the contemporaneous documents and known circumstances.
