23 March 2007
BBC Worldwide Ltd v Bee Load Ltd (trading as Archangel Ltd) [2007] EWHC 134 (Comm), [2007] All ER (D) 107 (Feb)
In considering whether to grant a summary declaration, the court should take into account justice to the claimant, justice to the defendant, whether the declaration would serve a useful purpose and whether there are any other special reasons for granting or refusing the declaration.
Where the issue raised is a pure point of construction of a contract which can be as well determined on a summary application as on a full trial, the court has jurisdiction to grant summary judgment (under CPR 24.2) on the basis that a trial would have no realistic prospect of causing it to reach a different judgment.
