Sentences with phrase «real prospect of success»

The meaning of «genuine triable issue» is equivalent to the CPR test of real prospect of success (Ashworth v Newnote Limited [2007] EWCA Civ 793 (para 33), [2007] All ER (D) 436 (Jul).

But even with all signs pointing to the real prospect of success in Paris, we knew significant obstacles remained, with countries from the US and China to small island nations all facing difficult decisions to reach an agreement acceptable to all 195 parties.

It means something more that the American Cyanamid standard of a «real prospect of success» but not necessarily «more probable than not».

Re A (a Minor)[2007] EWCA Civ 1383 and [2007] All ER (D) 376 (Dec) the court held that when considering whether or not to grant such leave, the welfare of the child is a relevant consideration but not paramount, but before the permission discretion can be triggered, the «change in circumstances» must be sufficient to «have a real prospect of success» of reversing the court approved care plan already in place.

The two were quite distinct, and Parliament clearly intended that s 24 (5) should only apply where a substantive application for the revocation of a placement order had been made — in other words, the applicant had got over the leave hurdle, and was making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

The test to be applied was whether the new claims crossed the «arguability threshold of a real prospect of success».

Andrew Baker J was asked to determine whether EE's counterclaim had a real prospect of success or if there was some other compelling reason for a trial.

Whether that reasoning is capable of surviving further scrutiny will now be determined by the Court of Appeal, Lord Justice Floyd having found that the grounds of appeal have a real prospect of success.

has a real prospect of success:

Mr Ellis, a solicitor who had drafted and was one of the executors under the September 2005 will, applied for summary judgment, submitting that the appellant's claim had no real prospect of success.

The court would then have to consider each aspect of the counterclaim to determine whether there is a real prospect of success and, even where there is, whether that prospect is only a possibility.

The correct test where the claim has a real prospect of success is in three stages: to consider (i) whether the children had a seriously arguable case that they would succeed at trial in obtaining a proprietary interest in the property; and if so (ii) whether either or both parties would be adequately compensated by a damages award; and if not (iii) where the balance of convenience between the parties lies.

The jurisdiction of the court to order the vacation of an entry on the register was well established in those cases where the claim on which the entry was based had no real prospect of success.

Rose v Lynx Express Ltd [2004] 1 BCLC 455 (Court of Appeal) Application for disclosure, under CPR r. 31.16, before proceedings started; depending on whether it was properly arguable with a real prospect of a success that pre-emption provisions had been triggered.

It must also consider whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

Once service is effected, the process is then usually expedited by the claimant applying for summary judgment (under CPR Part 24), on the grounds that the judgment debtor has no real prospect of success as evidenced by the foreign judgment.

The single lord justice stated that this client's appeal had «a real prospect of success».

Summary judgment is an invaluable, and much used, process for litigants faced with claims or defences that have «no real prospect of success».

The trial judge also correctly rejected the argument that because Mr. Hoang had «a real prospect of success in his pending insurance coverage action» he should pay the judgment and costs.

It also considered whether the High Court judge was correct to conclude, for the purposes of the summary judgment application, that the appellant's claim of indirect discrimination contrary to ECHR, arts 6 and 14 had a real prospect of success.

In striking out the claim, Mr Justice Picken agreed that it had «no real prospect of success» as it was clear from the outset that Ukrainian finance company UTN was never going to pay for the oil.

It also had to show there was a real prospect of success on the causation issue when the court would generally allow the defence to rely on the medical evidence — the claimant being examined by the defence expert — at trial.

The EAT refused the council permission to appeal on the basis that there was «no real prospect of success».

A district judge struck out the claim as having no real prospect of success.

Surely if partial dishonesty is not captured, does this not simply lend itself to bad practice and / or speculative heads of claims with no real prospect of success, leading to a waste of resources for defendant and court?