Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its original form by saying that the correct view of the effect of the practice direction is to be gleaned from the heading to the paragraph which reads ‘the court’s approach’. It indicates no more than examples of situations where it could be right to give summary judgment in favour of one party or the other.
Judges:
Stuart-Smith and Buxton LJJ and Rattee J
Citations:
[1999] EWCA Civ 1917
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Swain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Litigation Practice
Updated: 12 April 2022; Ref: scu.146832