Source: All England Reporter
Publisher Citation: [2002] All ER (D) 353 (Nov)
Court: Court of Appeal, Civil Division

Simon Brown, May and Clarke LJJ

Representation David Phillips QC and David Fisher (instructed by Sandersons, Hull) for the claimant.
  Patrick Talbot QC and Giles Richardson (instructed by Mace & Jones, Liverpool) for the defendant.
Judgment Dates: 25 November 2002


Practice and procedure - Striking out - Summary dismissal - No reasonable prospect of success - Prospect of claimant establishing entitlement to anything other than nominal damages - Approach of court.

The Case

Only in exceptional cases would it be appropriate to strike out a claim on the basis that, notwithstanding any issues as to liability, the claimant could show no real prospect of establishing his entitlement to anything other than nominal damages. Although there would be difficulties in establishing the claim in the instant case, it did not fall into that category.

Practice Areas

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