11 Dec 2018
The court concluded that, on the evidence filed and on a provisional assessment, the defendant's factual case has a realistic prospect of success — in particular the contention that the $25 million was not lent — and accordingly the default judgment ought to be set aside.
11 Jul 2006
Leave to appeal was dismissed because the defendants had no realistic prospect of success: the witness evidence introduced highly controversial, unpleaded factual allegations implicating the plaintiff and raising issues of illegality/fraud which, under Order 18 r 8(1), should have been pleaded; the absence of proper pleading and the ruling out of amendment made the appeal prospect unrealistic.
27 Jul 1999
The solicitor's comment on 2 September 1998 was too vague to amount to a release of the guarantor or the principal debtor; consequently the defendant's putative defence lacked a realistic prospect of success and the application to set aside the default judgment was dismissed.