Sagicor Bank Jamaica Ltd v Taylor-Wright (Jamaica)

Practice – Summary judgment. If a pleaded claim was met with a defence on a summary judgment application which, if true, would still entitle the claimant to the relief sought, generally there could not be a need for a trial. The Privy Council further held that, if the pleaded claim justified granting the relief sought, if the claimant proved that claim, it would succeed or if the alleged defence justified the relief sought, the claimant would succeed, even though the defendant proved the facts alleged in the defence. In either case, the defendant would have no real prospect of successfully defending the claim.

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