Is Summary Judgment Worth The Gamble?

• Published date: 23 October 2020
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Charles Russell Speechlys LLP
• Author: Mr Stephen Burns

Andy Green thought he had won '1,722,923.54 online in January 2018 playing a Betfred blackjack game on his phone.

Betfred argue there was a software error and its terms and conditions mean it is not liable to make the payment.

Mr Green has taken the case to court and we understand that he has made an application for summary judgment which is being heard by the High Court in October. An application for summary judgment can be a high-risk strategy because it will be necessary to satisfy the judge that Betfred has no real prospect of successfully defending its position at a full trial. Given there will not be a chance for a full examination of the evidence at a summary judgment application, we understand that to be successful, Mr Green will have to convince the judge that he would win taking into account Betfred's case as it's been presented to the Court; namely that the blackjack game malfunctioned in some way. In other words, Mr Green will be arguing that it is open to the judge to decide the case in Mr Green's favour based on legal arguments regarding the proper interpretation of the terms and conditions. We understand Mr Green will...