[2025] EWHC 1335 (Fam)

The court may strike out a statement of case if it appears to the court:

The court may give summary judgment against a claimant or defendant if:

“(a)

it considers that the party has no real prospect of succeeding on the claim, defence or issue; and

(b)

there is no other compelling reason why the case or issue should be disposed of at a trial” (CPR r.24.3).

The principles to be applied on an application for summary judgment are set out in the case of Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) which were approved by the Court of Appeal in AC Ward & Sons Ltd v Catlin (Fire) Ltd [2009] EWCA Civ 1098.

In respect of the intention to create legal relations the essential test was described by Lord Bingham LCJ in Edmonds v Lawson [2000] QB 501, at paragraph 21:

“Whether the parties intended to enter into legally binding relations is an issue to be determined objectively and not by inquiring into their respective states of mind. The context is all important”.

The test for making a declaration, as sought in the father’s counterclaim, was set out in Rolls-Royce v Unite the Union [2010] 1 WLR 318 by Atkins LJ at paragraph 120:

“… I think that the principles in the cases can be summarised as follows: (1) the power of the court to grant declaratory relief is discretionary. (2) There must, in general, be a real and present dispute between the parties before the court as to the existence or extent of a legal right between them. However, the claimant does not need to have a present cause of action against the defendant. (3) Each party must, in general, be affected by the court's determination of the issues concerning the legal right in question. […] (6) However, the court must be satisfied that all sides of the argument will be fully and properly put. It must therefore ensure that all those affected are either before it or will have their arguments put before the court. (7) In all cases, assuming that the other tests are satisfied, the court must ask: is this the most effective way of resolving the issues raised. In answering that question it must consider the other options of resolving this issue.” ”

In opposing the application to strike out the claim the mother relied on the following propositions of law: