Appeal against refusal of summary judgment. The court set out the applicable principles concerning strike out and summary judgment: ‘(1) The court must consider whether the case of the respondent to the application has a realistic as opposed to fanciful prospect of success – in this context, a realistic claim is one that carries some degree of conviction and is more than ‘merely arguable’.
(2) The court must not conduct a ‘mini-trial’ and should avoid being drawn into an attempt to resolve conflicts of fact which are normally resolved by the trial process.
(3) If the application gives rise to a short point of law or construction then, if the court is satisfied that it has before it all the evidence necessary for the proper determination of the question and that the parties have had an adequate opportunity to address it in argument, it should ‘grasp the nettle and decide it’.’
Judges:
Lord Justice Hamblen, Lord Justice McFarlane
Citations:
[2017] EWCA Civ 37, [2017] WLR(D) 63, [2017] 4 WLR 163
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Global Asset Capital, Inc and Another v Aabar Block Sarl and Another ComC 18-Feb-2016
. .
Cited – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .
Cited by:
Cited – Scott v LGBT Foundation Ltd QBD 3-Mar-2020
Disclosure of risk of self harm made no claim
The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 26 October 2022; Ref: scu.573794