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August 21, 2025WYN Legal is pleased to announce a significant High Court victory on behalf of their client after successfully resisting an application for summary judgment which could have seen their client liable to pay c. $2 million.
In a judgment handed down by the Circuit Commercial Court, the Court dismissed the claimant’s application for summary judgment against confirming that the case raises factual and credibility issues which must be determined at trial.
The claim arose from alleged breaches of a commercial agreement governing cross border cash transactions valued at more than $40 million.
The Court emphasised the importance of avoiding a “mini-trial” on disputed facts.
The case highlights five practical tips to succeed resisting Summary Judgment against our client
- Focus on “real prospect”, not winning outright
You do not need to prove your case – only that your defence is realistic rather than fanciful. - Identify factual disputes that require oral evidence
Courts are reluctant to resolve credibility, honesty, or intention without cross-examination. - Avoid letting the application become a mini-trial
Emphasise that deciding the issue now would require weighing evidence, not simply applying law. - Explain commercial logic, not just legal theory
A defence grounded in commercial reality is more likely to be seen as credible and triable. - Highlight missing or future evidence
Remind the court that disclosure and witness evidence at trial may materially affect the outcome.
The Commercial Litigation Team at WYN Legal was led by Partner, Pranav Bhanot and Senior Associate Binal Shah as well as a support team comprising of Bhavdeep Kaur and Mayur Shikotra.
Our thanks to Jonathan Cohen KC and Rajiv Bhatt of Littleton Chambers
Binal Shah
Bhavdeep Kaur
Mayur Shikotra
Past success does not grantee future results.
The contents in this article are for guidance and does not constitute legal advice.
