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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Summers v Fairclough Homes Ltd. [2010] EWCA Civ 1300 (07 October 2010) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2010/1300.html Cite as: [2010] EWCA Civ 1300 |
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ON APPEAL FROM MANCHESTER COUNTY COURT
(HIS HONOUR JUDGE TETLOW)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LADY JUSTICE SMITH DBE
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SUMMERS |
Respondent/Claimant |
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- and - |
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FAIRCLOUGH HOMES LIMITED |
Appellant/ Defendant |
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WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court )
Mr Craig Sephton QC and Mr Hugh Davies ( instructed by SAS Daniels Solicitors LLP ) appeared on behalf of the Respondent.
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Crown Copyright ©
Lord Justice Ward:
"The law is so well established that I would not think it right to change it by judicial intervention. In my view such a change would have to be a matter for Parliament."
Toulson LJ expressed himself in similar terms in his supporting judgment.
Lady Justice Smith:
Order: Appeal dismissed; permission to appeal to Supreme Court refused