11 October 2013
Sargespace Ltd v Eustace [2013] EWHC 2944 (QB), [2013] All ER (D) 26 (Oct)
It was settled law that, in order to obtain summary judgment, the claimant had to show that the defendant had no real prospect of successfully defending the claim and that there was 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%.
