However, it is not enough simply to argue that the case should be allowed to go to trial because something may turn up which would have a bearing on the question of construction
: ICI Chemicals & Polymers Ltd v TTE Training Ltd [2007] EWCA Civ 725.”17.I have therefore kept at the forefront of my mind that this application is not to be a mini-trial, that I must take into account the evidence before me (not without analysis) as well as the evidence that can reasonably be expected to be available at trial, that I should hesitate about making a final decision without a trial, that I should grasp the nettle and decide any “short point of law or construction” but that it is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact. Where I use below the expression “no real prospects”, I have in mind also the expressions relevant to strike out applications: “no reasonable grounds”, “no legally cognisable claim” and “bound to fail”.
- David Stone (sitting as Deputy High Court Judge) :
- The Application
- The Law on Strike Out/Summary Judgment
- On the other hand it is not uncommon for an application under Pt 24 to give rise to a short point of law or construction and, if the court is satisfied that it has before it all the evidence necessary for the proper determination of the question and that the parties have had an adequate opportunity to address it in argument, it should grasp the nettle and decide it. The reason is quite simple: if the respondent’s case is bad in law, he will in truth have no real prospect of succeeding on his claim or successfully defending the claim against him, as the case may be. Similarly, if the applicant’s case is bad in law, the sooner that is determined, the better
- However, it is not enough simply to argue that the case should be allowed to go to trial because something may turn up which would have a bearing on the question of construction
- Background
- The Defendant’s Strike Out Case
- United Kingdom Law on Works of Artistic Craftsmanship
- The whole conception of artistic craftsmanship appears to me to be to produce things which are both useful and artistic in the belief that being artistic does not make them any less useful.
- EU Copyright Law
- Declaration
- Conclusion