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‘Real prospect of success’

Litigation Letter

‘Real prospect of success’

Abela and Ors v Hammonds Suddards and Ors CH D 2 December Lawtel 9 December

In considering a claim’s ‘real prospect of success’, there should be no mini-trial which would usurp the function of the trial judge and lead to conclusions being reached without cross-examination and on documents only. If on appropriate detailed analysis, the allegations in issue could with confidence be seen to be without substance, then they should be struck out. In the present case, there was quite enough on the basis of the further information and attached documents to make it quite unrealistic to suggest that there was no real prospect of it being found at trial that the claimant was involved in rather than being a victim of frauds, and there was a real prospect of it being found at trial that the purpose, or part of the purpose, of the frauds was to reverse the financial assistance which had been given to two of the claimants. The amended defence making these allegations would not, accordingly, be struck out.

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