Declaratory relief on a summary basis? (Abaidildinov v Amin)

Article summary

Dispute Resolution analysis: This judgment clarifies the scope of the summary judgment test in the context of a claim for declaratory relief. Specifically, the court addressed the question of precisely what it is that a claimant needs to show the defendant has no real prospect of successfully defending: is it just the facts and matters relevant to the underlying subject matter of the declaration, or must it also be proved the defendant would have no real prospect of persuading a court (after a full trial) to exercise its discretion in their favour? The court ruled it was the former. It held that where it could be established that a defendant had no real prospect of success in defending facts or matters relevant to the making of a declaration, it would not be in accordance with the overriding objective to require a full trial to decide whether the court should exercise its discretion to make the declarations sought. Written by Harriet Campbell, professional...