The claimant appealed a striking out order.
Held: If a claim stood no chance of success, then it should not be allowed to proceed, but where the claim was merely weak it should not be struck out. That would be inconsistent with the needs of justice. Many weak claims later improved, and the summary court should not conduct a mini-trial.
Neuberger J
Times 16-May-2003
England and Wales
Cited by:
See Also – Chan v Alvis Vehicles Ltd and Another ChD 8-Dec-2004
The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles . .
See Also – Chan U Seek v Alvis Vehicles Ltd ChD 8-Dec-2004
A newspaper, not party to the proceedings, sought access to the Court files, anticipating a significant journalistic story.
Held: Park J allowed the application for copies of certain pleadings and witness statements that had been placed before . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 27 January 2022; Ref: scu.182365