AC-2025-LON-002199 - [2025] EWHC 2057 (Admin)

This expression is commonly used in applications for freezing orders and similar interim relief. In The Niedersachesen [1984] All ER 398, at 404d, it was held to be:

“One which is more than barely capable of serious argument, but not necessarily one which the judge considers would have a better than 50 percent chance of success”.

Moore-Bick LJ in Director of the Asset Recovery Agency v Szepietowski & others [2007] EWCA Civ 766, at paragraph 111, stated that this:

“flexible test... requires something more than a case capable of being taken seriously, but not necessarily much more and does not mean a case which, on the evidence before the court, is more likely to succeed than to fail.”

He further observed that in cases alleging fraud or serious impropriety, it is:

“sufficient...for the applicant to show that there is a good prospect of succeeding at trial. A case which is merely speculative, however, will obviously not do”.