KB-2025-001160 - [2025] EWHC 2369 (KB)

CPR Rule 24.3 provides as follows:

“24.3

The court may give summary judgment against a claimant or defendant on the whole of a claim or on an issue 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.”

I was referred to the helpful summary of the applicable principles which was provided by Nicklin J in Amersi v Leslie [2023] EWHC 1368 (KB) at [142]. For present purposes it is sufficient to note the following points which he made:

“(1)

The court must consider whether the claimant has a " realistic " as opposed to a " fanciful " prospect of success….The criterion is not one of probability; it is absence of reality...

(2)

A " realistic " claim is one that carries some degree of conviction. This means a claim that is more than merely arguable..

(3)

In reaching its conclusion the court must not conduct a " mini-trial "..This does not mean that the court must take at face value and without analysis everything that a claimant says in his statements before the court. In some cases it may be clear that there is no real substance in factual assertions made, particularly if contradicted by contemporaneous documents...

(4)

However, in reaching its conclusion the court must take into account not only the evidence actually placed before it on the application for summary judgment, but also the evidence that can reasonably be expected to be available at trial...”

As is well known, the court will take evidence into account when considering an application under Part 24. It is not confined to considering what has been pleaded.