Some clients are eager to end their proceedings as soon as possible. They want to do that by either bringing a ‘summary dismissal’ application in relation to a case commenced against them, or by brining ‘summary judgment’ application in relation to the case which they have commenced themselves.

In cases where an application for a summary dismissal is brought, the client needs to ensure that the case brought against them is basically without merit. For example, it may be that the case against them pleads something which can no longer be objectively in dispute, e.g. (and we have seen cases like this) a case is brought for an amount of money which has already been paid by the client and so the other side is ‘double dipping’.

The alternative way of bringing these matters is to ask a court to ‘strike out’ the pleadings because ‘on their face’ the pleadings reveal no case against the client.

It should be remembered, that the plaintiff – or the other side – can sometimes ask a court to ‘give them another chance’ at re-drafting their case and reorganising their pleadings, and the court can at times obliges unless it seems to the court that any amendment or repleading does not cure the fundamental issue. Put another way, the courts will take the plaintiff’s case ‘at its highest’ and will try to see if there is a way in which the case can salvaged and can remain on foot.

Other examples (in which we have provided advice also) include those cases where the plaintiff is not prosecuting the case with ‘due despatch’ (i.e. where they have filed a case and have ‘dropped it’ essentially).

In essence, we at Papallo Kouchoo, provide advice and bring these sorts of dismissal applications where we can be certain that there are very good prospects of having the case dismissed and or pleadings struck out, and where the matter is ‘open and shut’ and this is because the courts exercise the power to dismiss ‘very sparingly’.

In the summary judgment matters, the same kinds of principles apply except in reverse. The courts will look at whether the defendant (the other side in these applications) has a reasonable defence. If there is no reasonable defence, they can exercise their power to dismiss the case or strike out the defence.

In these summary dismissal cases too, the power to give judgment is exercised by the courts ‘sparingly’ and if there is any doubt, the courts may opt to err on side of giving the defendant a chance to have their day in court.

The moral of the story is that you need to be very careful before you bring such applications because again, as usual in any court and Tribunal proceeding, costs are a major consideration. Losing one of these applications can be very costly. As always, there are also many potential traps and we endeavour to give our clients the best and most adequate advice possible, before any such steps are properly taken.

At Papallo Kouchoo Lawyers, we do our utmost to uphold your rights in order to ensure that all your rights are safeguarded.

If you have any questions, please do not hesitate to contact us for an obligation free professional consultation.