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On a claimant's application for summary judgment over a GBP 32,000 repair invoice, the defendant relies on a pleaded set-off. State the two cumulative CPR 24.3 conditions, identify who bears the burden, and explain why satisfying the real-prospect limb alone does not complete the application.
A warehouse owner seeks summary judgment on a contractor's defence that completed flooring was defective. The signed handover sheet records no defects, and the defence identifies no inspection or complaint. Show how the applicant can test the pleaded case against contemporaneous material without resolving a genuine credibility dispute or conducting a mini-trial.
You appear for a delivery driver resisting a cyclist's summary judgment application. Dashcam footage ends three seconds before impact, and an independent pedestrian says the cyclist swerved into the van's path. Explain why that evidence gives the driver a real rather than fanciful prospect without asking the court to conduct a mini-trial.
Maintenance logs covering the accident week remain undisclosed, and the only eyewitness accounts conflict. For the injured claimant resisting summary judgment, explain how the missing records and need for cross-examination could supply a genuine, outcome-relevant compelling reason for trial even if the present evidence looks weak.
You appear for a passenger resisting a bus company's summary judgment application. Station CCTV omits the instant the doors closed, and an independent witness supports the passenger's account. The judge asks, 'Is this only speculation against objective footage?' Answer directly, then return to the CPR 24.3 analysis.
The court accepts that GBP 18,000 of a consultant's invoice is indisputable but considers the remaining GBP 12,000 genuinely triable. What partial judgment, focused directions or conditional outcome should each side address, and how should costs follow the narrowed result?
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