This
is a remedy available to a litigant who satisfies the court that:
The
other party has no reasonable prospect of successfully bringing
or defending the claim, and
There
is no other compelling reason why the case should not be disposed
of at a trial.
Additionally,
the court has a separate power to strike out a claim or defence
if it discloses no reasonable grounds for bringing or defending
the claim.
The
application is made on notice. The applicant is required to serve
witness statement evidence and supporting documents on the other
party who is able to respond. The decision is given at a normally
short hearing and, if successful, saves the claimant the task
and expense of preparing for and attending a full trial.
The
procedure is intended for plain and straightforward circumstances;
complication in any aspect will tend to indicate that the test
above is not satisfied. In that case the court will manage the
dispute through to trial.
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