Which scenario allows a defendant to apply for summary judgment?

• A. The defendant believes the claimant will succeed.
• B. The claimant's case is insubstantial.
• C. There is a need for a trial.
• D. The claim includes a complex quantum.

Answer: (B)

Summary judgment is used when there is no real prospect of the claimant's success, so the matter can be disposed of without a trial. If the claimant’s case is insubstantial, the defendant can apply for this remedy because the available evidence (as pleaded and admitted) shows there is nothing worthy of a trial—one side has no viable case to prove at trial.

If there were a belief that the claimant would succeed, or if a trial is needed to resolve disputes of fact or assess complex issues like quantum, summary judgment wouldn't be appropriate. In those situations, there is a live issue that requires factual testing at trial. The idea of a complex quantum doesn’t automatically prevent a summary judgment on liability, but the scenario described—insubstantial claim—fits the rule best.