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 proceed to trial, should ask whether the party’s evidence could properly be treated without the cross examination and the other processes preparatory for and during a full trial, as incredible.
Glidewell LJ said: ‘I think it is right to ask, using the words of Ackner LJ in the Banque de Paris case . . ‘Is there a fair or reasonable probability of the defendants having a real or bona fide defence?’ The test posed by Lloyd LJ in the Standard Chartered Bank case, Court of Appeal (Civil Division), Transcript No 699 of 1900 ‘Is what the defendant says credible?’ amounts to much the same thing as I see it. If it is not credible, then there is no fair or reasonable probability of the defendant having a defence.’ and ‘Looking at the whole situation I conclude that there is no fair or reasonable probability of the second defendant having a real or bona fide defence.’


Glidewell LJ


[1993] 1 WLR 1453


England and Wales


CitedBanque de Paris v de Naray CA 1984
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 . .

Cited by:

CitedBryce Ashworth v Newnote Ltd CA 27-Jul-2007
The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt.
Held: A statutory . .
CitedNolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
CitedBerg v Blackburn Rovers Football Club and Athletic Plc ChD 29-Apr-2013
The claimant sought damages after termination of his contract of employment as manager of the defendant football club. The Club now sought leave to withdraw an admission of liability as to payment in respect of a minimum period of notice.
CitedOgunbiyi, Regina (on The Application of) v Southend County Court and Another Admn 19-Mar-2015
Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 May 2022; Ref: scu.253655