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A lower threshold for disposing summarily of cases may not be necessary. If rules
which require pleadings to be verified are enacted, this may result in more care and
restraint being exercised by parties and their lawyers in advancing a case, so that fewer
palpably bad claims and defences will come into existence, reducing the need for
broader summary disposal powers. Instead, the emphasis of the reforms should be on
arming the court with suitable case management powers to reduce costs and delays,
particularly by discouraging satellite litigation, thereby getting the parties more rapidly
to the stage of settlement or to the trial without prior recourse to a summary disposal
application.
Proposal 14 (for changing the test for summarily
disposing of proceedings) should not be adopted.
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