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United Kingdom Leading Case strike out and summary judgment

Easyair Ltd v Opal Telecom Ltd

[2009] EWHC 339 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of England and Wales (Chancery Division)
Year2009
StatusBinding authority

Summary

Lewison J set out the principles for reverse summary judgment, requiring a realistic (more than merely arguable) prospect of success.

Key Principle

Lewison J set out the principles for striking out a claim / reverse summary judgment: the court must consider whether the claimant has a realistic prospect of success, which means a prospect that is more than merely arguable.

Area of Law

procedure

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