What is a key consideration for a court to grant summary judgment?

To grant summary judgment, the court primarily looks for the party to demonstrate that there is "no real prospect of success" for the opposing party's claim or defense. This standard is focused on whether there are any genuine issues of material fact that necessitate a trial. If the evidence presented shows that the opposing party cannot succeed, then the court can conclude that a trial would serve no purpose, thereby allowing for the efficiency of court resources and a timely resolution of disputes.

This consideration aligns with the purpose of summary judgment, which is to avoid unnecessary trials in cases where the outcome is clear based on the evidence presented. The requirement helps ensure that only cases with genuine disputes proceed to trial, thereby streamlining the judicial process and relieving the courts of the burden of hearing cases that are unlikely to succeed.