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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Wright v Basildon and Thurrock Hospital NHS Trust  EWHC 3980 (QB) (07 December 2011)
Cite as:  EWHC 3980 (QB)
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QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
(Sitting as a Judge of the High Court)
|- and -|
|BASILDON AND THURROCK HOSPITAL NHS TRUST|
165 Fleet Street, 8th Floor, London, EC4A 2DY
Tel No: 020 7421 4046 Fax No: 020 7422 6134
Web: www.merrillcorp.com/mls Email: email@example.com
SARAH LAMBERT (instructed by Bevan Brittan) appeared on behalf of the Defendant.
Crown Copyright ©
"The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –
(a) it considers that –
(i) that claimant has no real prospect of succeeding on the claim or issue… and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial."
I have in mind all of the notes which appear in the Civil Procedure Rules on pages 658, 659 and onwards in the current edition, but in particular these lines at note 24.2.3:
"In order to defeat the application for summary judgment, it is sufficient for the respondent to show some prospect, i.e. some chance of success. That prospect must be 'real', i.e. the court will disregard prospects which are false, fanciful or imaginary. The inclusion of the word 'Real' means that the respondent has to have a case which is better than merely arguable ..."
"The court may strike out a statement of case if it appears to the court-
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;
(b) that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order."
Although the application is made under Part 3.4 in parallel, it seems to me that the defendant today proceeds principally under 24.2.