Where the defendant to a claim for money puts forward a defence which has a real prospect of success, he is entitled to have the merits of the claim and of that defence decided at a trial. Where, however, it is entirely plain on evidence before the court that the defence put forward is entirely without substance and is fanciful, it is unnecessary to have a trial of the proceedings and the claimant is entitled to summary judgment on his claim.
Leggatt J
[2016] EWHC 1380 (Comm)
Bailii
England and Wales
Litigation Practice
Updated: 10 January 2022; Ref: scu.565733