KB-2025-003244 - [2025] EWHC 2386 (KB)

The Defendant strongly refutes the Claimant’s claim against him, denying both the terms of the contract and the allegations of breach relied on by the Claimant, as well as any suggested causation and loss arising therefrom.

However, for the purposes of this application he quite rightly accepted through Mr Miletic that the threshold for showing that there is a serious issue to be tried is low: it amounts to the Claimant showing no more than that the claim is “not frivolous or vexatious”.

As Lord Diplock made clear in American Cyanamid at 407H, “[i]t is no part of the court’s function at this stage of the litigation to try and resolve conflicts of evidence…as to facts on which the claims of either party may ultimately depend…[t]these are matters to be dealt with at trial”.

In my judgment the threshold is plainly met: there is a serious issue to be tried between the parties.