DR - interim apps. summary judgement

Question 1

Summary Judgement: Who can apply for a summary judgement?

Answer 1

Either party

Question 2

Summary Judgement: In what circumstance can the court give a summary judgement?

Answer 2

• no real prospect of success 🚮
  AND
• no other compelling reason why should go to trial 🤷‍♀️

Question 3

Summary Judgement: What must be included in an application for summary judgement?

Answer 3

• the evidence supporting the application 📑
• any point of law/provision in a document on which the claimant relies👇
  AND
• state that the respondent has no real prospect of success 🚮

AND

• knows no compelling reason why the claim / issue should proceed to trial 🤷‍♀️.

Question 4

Summary Judgement: Who can apply for summary judgement and when?

Answer 4

• Claimant - after D has served an acknowledgement of service or defence (can be earlier with courts permission).
• Defendant - any time after proceedings have commenced.
• Court - can fix a hearing on its own initiative.

Question 5

Summary Judgement: What is the affect of a summary judgement application on timings?

Answer 5

effectively pauses the proceedings
- if the claimant applies before the defendant has served a defence, the time for the defendant to file a defence is extended until after the hearing.
- if the defendant applies, the defendant does not have to file either an acknowledgement of service or a defence until after the summary judgement hearing.

Process for summary hearings is:

• Service must be at least 14 days before the hearing.
• The Respondent must file at court and service on the applicant their evidence at least 7 days before the hearing.
• The applicant must file at court and serve on the respondent their evidence in reply at least 3 days before the hearing.
• Both parties must file and exchange a statement of costs 24 hours before the hearing.

Question 6

Summary Judgement: What must the application for a summary judgement include?

Answer 6

• a statement that it is an application for summary judgement; and
• direct the respondent’s attention to the CPR which requires tha respondent to file and serve any evidence at least 7 days before the summary judgement hearing.

Question 7

Summary Judgement: What orders can be made following a summary judgement application?

Answer 7

• Dismissal of the application - continue to trial
• Conditional order - respondent may win, but unlikely, court allows case to continue subject to conditions ordered by the court such as paying in a sum of money to court.
• Dismissal of the original claim - If D applies & succeeds then claim is dismissed and defendant has won.
• Judgement on the original claim - if C applies & succeeds then judgement is entered for the claimant and he has won.