DR Summary Judgment Flashcards
1
Q
Test for Summary Judgment
A
The court may give summary judgment against a defendant on the whole claim or on a particular issue if it considers that -
- the claimant has no real prospect of succeeding on the claim or issue OR… the defendant has no real prospect of successfully defending the claim or issue
- more than merely arguable. Just some chance of defence
AND
- There is no other compelling reason why the case or issue should proceed to trial
2
Q
What are examples of ‘other compelling reasons’
A
- More time to investigate
- Expert evidence
- Key documents
3
Q
What can application for summary judgment be made?
A
- Claimant can only apply AFTER acknowledgment of service or defence is filed
- Defendant can do it ANYTIME from proceedings
- Court can also apply
