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Ann: Subscription Agreements Legal Update, page-58

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  1. 5,057 Posts.
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    Summary Judgement applications rarely succeed, so whatever quantum XST is claiming is largely irrelevant imo. The defendants would almost certainly appeal... (in the unlikely event Summary Judgement was entered against them)... dragging this out til the '12th of never'! No 'instant cash' here I am afraid.

    After summary judgment: the appeal
    The avenue of judicial appeal is the fundamental element of the judicial system to ensure justice. Summary judgment decisions, particularly as they pose such a potential threat to justice, will tend almost invariably to be appealed. Given the caution rightly exercised by judges in dismissing claims outright, these appeals have the potential, much like the "mini-trials" discussed above, to cost the system greater resources than if the issue had been heard fully at first instance. Particularly in the context where a higher court will send the decision back to the lower court to be remade, summary judgment decisions have the potential to cost the system far more than full trials.

    https://www.claytonutz.com/knowledg...hreshold-for-the-granting-of-summary-judgment

    DYOR
 
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