Hyde, Victor v E Phil & Sons A S Ltd. and the Attorney General of Jamaica Consolidated with Stewart, Mitsy v E Phil & Son A S Ltd. and the Attorney General of Jamaica

Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases