Early point scoring counts

Summary judgment is an invaluable, and much used, process for litigants faced with claims or defences that have “no real prospect of success”. It enables parties to dispose of part or all of a claim/defence and, in the process, saves costs and time (including that of the court). While a successful summary judgment application can bring an end to proceedings, even an unsuccessful one can assist a party to “score the first point” in litigation and weaken his opponent’s armoury early in proceedings. Is it therefore possible that parties might apply for summary judgment in unsuitable cases as losing the application could still result in a tactical success?

Antonio Gramsci Shipping Corporation & others v Recoletos Limited & others

In the recent case of Antonio Gramsci Shipping Corporation & others v Recoletos Limited & others [2010] All ER (D) 241 (May), the claimants applied for summary judgment against the defendants in a case alleging fraud and “corporate theft”. The summary judgment hearing took over three