Summary judgment

Sargespace Ltd v Eustace [2013] EWHC 2944 (QB), [2013] All ER (D) 26 (Oct); NLJ TLR 11 October

In order to obtain summary judgment, the claimant has to show that the defendant has no real prospect of successfully defending the claim and that there is no other compelling reason why the case should go to trial. A real prospect of a successful defence was one that was better than merely arguable and was not fanciful or imaginary, but that the prospect of success need not be as high as 50%.