SEX & SUMMARY JUDGMENT: WHERE DOES THE BURDEN OF PROOF LIE IN ESTABLISHING A “COMPELLING REASON” WHEN DEFENDING A SUMMARY JUDGMENT APPLICATION?

The case of Sargespace –v- Eustace had a highly unusual set of facts.  However it raises an interesting question of where the burden of proof lies in an application for summary judgment where a respondent to the application wishes to rely upon a “compelling reason” for refusing summary judgment   An...