The claimant sought summary judgment, but the parties submitted very large volumes of material for consideration. Coulson J said: ‘ It might be said that a case which involves so much material and so much evidence cannot possibly be suitable for a claim under CPR Part 24, and that the application should have been dismissed without further ado. In some types of dispute, there may be force in such an observation. However, until the court has been through the material, no matter how detailed, it may not be possible to say whether the defence that is revealed there meets the test of ‘real prospect of success’ required under CPR Part 24 or, even if it does, whether the defence raised can only be described as ‘possible’, with the result that a conditional order may be appropriate under r24.6.’
Judges:
Coulson J
Citations:
[2008] EWHC 2847 (TCC)
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 21 July 2022; Ref: scu.278531