The court considered an application for summary judgment. The defendant filed a statement, but no effective pleading.
Held: The assertion in an affidavit alone of a situation said to found a defence was not enough of itself justify leave to defend; the Court must consider the whole situation. Ackner LJ said that the test was ‘Is there a fair or reasonable probability of the Defendant’s having a real or bona fide defence?’
Judges:
Ackner LJ
Citations:
[1984] 1 Lloyd’s Law Rep 21
Jurisdiction:
England and Wales
Cited by:
Cited – National Westminster Bank v Daniel CA 1993
The defence contained two contradictory grounds, and the defendant’s evidence again contradicted the defences. The plaintiff sought summary judgment.
Held: A judge, when considering whether a claim should be determined then or allowed to . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 03 June 2022; Ref: scu.253656