What does the phrase "no real prospect of succeeding" imply in relation to summary judgment?

The phrase "no real prospect of succeeding" in the context of summary judgment indicates that there must be a realistic chance of achieving a favorable ruling for the case to proceed. In essence, summary judgment is a mechanism to expedite legal proceedings by allowing a court to decide a case without the need for a trial when there are no genuine disputes of fact that require resolution.

When a party applies for summary judgment, the court will evaluate whether there is any real possibility that the opposing party could succeed at trial based on the evidence presented. If the party cannot demonstrate a credible likelihood of success, the court may grant summary judgment in favor of the moving party, effectively determining the matter without further trial. This standard serves to prevent cases that lack merit from burdening the court system.

The other choices do not accurately reflect the legal standard required for summary judgment. While stating that a case is entirely hopeless might capture a sentiment regarding a lack of merit, it does not align with the nuanced legal interpretation necessary for summary judgment. Likewise, claiming there is only a fanciful chance of success or a reasonable chance misses the critical requirement of a “realistic” chance, which is essential in determining whether a case should proceed to trial or be resolved at this earlier stage. Hence,