Judgment Date: 17 May 2013
A public house operator had more than a fanciful chance of establishing at trial that its agent had been dishonest and in breach of fiduciary duty by acting for another party in finding suitable property that it might well have wanted to buy. Further, most of a statement by a defence witness based on facts derived from documents and containing argument and submissions would be struck out as an abuse, as the witness had only indirect knowledge and was not an expert.
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