IN THE COURT OF APPEAL (CIVIL DIVISION) SITTING AT CARDIFF
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(HIS HONOUR JUDGE GRAHAM JONES)
Cardiff CF1 3ND
B e f o r e :
LORD JUSTICE PILL
LORD JUSTICE JUDGE
|TERENCE PAUL SWAIN|
|- v -|
|T HILLMAN (MALE) AND T C GAY|
Smith Bernal Reporting Limited, 180 Fleet Street,
London EC4A 2HD
Tel: 0171 421 4040
Official Shorthand Writers to the Court)
MR G WALTERS (Instructed by Messrs Petersons, Newport, South Wales) appeared on behalf of the Respondent.
Crown Copyright ©
"The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if-
(a) it considers that-
(i) that claimant has no real prospect of succeeding on the claim or issue; and
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other reason why the case or issue should be disposed of at a trial."
There is a note to Part 24.2 referring to rule 3.4. Rule 3.4 makes provision for the court to strike out a statement of case, or part of a statement of case, if it appears that it discloses no reasonable grounds for bringing or defending a claim.
"Where a claimant applies for judgment on his claim the court will give that judgment if:
(1) the claimant has shown a case which if unanswered would entitle him to that judgment, and
(2) the defendant has not shown any reason why the claim should be dealt with at trial."
Paragraph 4.2 dealt with the obverse position as to a defendant. In similar terms it dealt with a defendant's right to apply for judgment. It provided if:
"(1) the claimant has failed to show a case which, if unanswered, would entitle him to judgment, or
(2) the defendant has shown that the claim would be bound to be dismissed at trial."
"Where it appears to the court possible that a claim or defence may succeed but improbable that it will do so, the court may make a conditional order, as described below."
"The Plaintiff will allege that a plank of wood was placed against the fence by one Paul Gay. It was so placed 3 days prior to the Plaintiff sustaining his injury."
"Nobody was present in the garden when the accident occurred. People were present at the side of the house and in the house."
Order: Appeal dismissed with costs for detailed assessment.