No real prospect of success: 2026 onwards High Court summary judgment illustrations (England and Wales)
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Practice notes
Practice Note: Summary judgment—general principles
As set out in Practice Note: Summary judgment—general principles, the essential question on a summary judgment bid is simply whether the respondent lacks any real prospect of succeeding on the claim, defence, or a specific issue in dispute. The bar for establishing a ‘real’ chance of success is very low; accordingly, it is helpful to examine examples where the courts have held that a respondent’s case was so weak it had no ‘real’ prospect of success at trial, by way of illustration. This Practice Note concentrates on decisions from 2026 onwards.
Case details
Date of judgment Outline of facts Why did the respondent lack ‘real’ prospects of success? Instagroup Ltd v Northwest Insulations Ltd (In Liquidation) Chancery Division [2026] EWHC 819 (Ch) 14 April 2026 The claimant provided insulation products and outsourced fitting services, a significant portion financed through government-backed energy-efficiency programmes. From around 2008 until 2022, the first defendant performed installation services for the claimant. In 2008 the first defendant opened a credit account for goods supplied on credit, backed by a personal guarantee executed by the second defendant. By 2013, the claimant and the first defendant concluded a more comprehensive agreement under the...
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Web page updated on 21/05/2026
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