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Section 10: Summary Disposal of Proceedings
Proposal 14
The test for summarily disposing of proceedings or issues in proceedings should be changed
to the "real prospect of success" test, construed as establishing a lower threshold for
obtaining summary judgment, and applied in all procedural contexts where summary
disposal of the case may ensue. Cases or issues in cases, whether advanced by plaintiff or
defendant, which have no real prospect of success should not be allowed to proceed to trial
unless some overriding public interest requires that they do proceed.
Proposal
14 (for changing the test for summarily disposing of proceedings) should not be
adopted.
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