SGS 8 - summary judgment and interim applications

Question 1

What is the test for summary judgment and where is it found?

Answer 1

CPR 24.2

1) D has no real prospect of successfully defending the claim; OR
2) C has no real prospect of success on the claim;
3) there is no other compelling reason why the matter should be heard at trial

Question 2

Swain v Hillman

Answer 2

‘no real prospect’

- means ‘more than fanciful’

Question 3

International Finance Corporation v UtexAfrica

Answer 3

‘no real prospect’

- means a real prospect, so more than merely arguable. Don’t need to show that you will probably win

Question 4

When making an interim application, what three things do you need to file along with what?

Answer 4

1) Application notice (Form N244*)
2) Draft order - as to judgment and costs
3) Evidence in support - usually a witness statement

with the fee

Question 5

When can a claimant make an application for summary judgment?

Answer 5

Once the defendant has filed an acknowledgement of service or a defence (CPR 24.4(1))

Question 6

When can the defendant make an application for summary judgment?

Answer 6

At any time after commencement of proceedings. D will not have to file an acknowledgement of service or defence if making such an application

Question 7

In application for summary judgment - when must the applicant serve all documents on the respondent, and inform them of the return to court date by?

Answer 7

at least 14 days before the hearing (CPR 24.4(3))

Question 8

In an application for summary judgment, when must the respondent serve any evidence in response by?

Answer 8

at least 7 days before the hearing (CPR 24.5(1))

Question 9

In an application for summary judgment, when must the applicant serve any further evidence in response by?

Answer 9

at least 3 days before the hearing (CPR 24.5(2))

Question 10

When must both parties file statements of costs (Form N260) by when there is an interim application hearing scheduled?

Answer 10

24 hours before the hearing (44 PD 9.5(4)(b))

Question 11

What are the 4 possible outcomes of a summary judgment application?

Answer 11

24 PD 5.1

1) judgment on the claim or on a specific issue
2) dismissal of claim or a specific issue
3) dismissal of the application
4) conditional order

Question 12

After an interim application hearing, what costs orders might the court make?

Answer 12

44 PD 4.2

• costs in any event
• costs in the case
• no order as to costs (both parties meet their own costs)

Question 13

What costs order are you most likely to want if you lose in an interim application?

Answer 13

costs in the case - so that you are not made to account for the costs of the other party preparing for/ attending the interim hearing in any event

Question 14

List some examples of when you might make an interim application

Answer 14

• if you want an extension of time for complying with a direction e.g serving witness statements
• if you want the court’s permission to adduce expert evidence
• if you want to amend a statement of case

Question 15

When can you make an interim application?

Answer 15

At any time, and even sometimes before the claim form has been issued

Question 16

For an interim application, when must you serve all documents and details of the return to court date on the respondent by?

Answer 16

at least 3 days before the hearing CPR 23.7(1)(b)

Question 17

For an interim application, when must the respondent serve evidence in reply by?

Answer 17

as soon as possible 23A PD 9.4

Question 18

For an interim application, when must the applicant file any further evidence in response by?

Answer 18

asap 23A PD 9.5

Question 19

When must both parties file statements of costs (Form N260) by?

Answer 19

24 hours before hearing (44 PD 9.5(4)(b))

Question 20

What three things must the solicitor do after the interim hearing?

Answer 20

1) make a full attendance note of the hearing
2) report to the client - especially important to comply with the duty to report to client about any costs order made against him no less than 7 days after the solicitor receives notice of the order (unless client was present at hearing) CPR 44.8
3) make a new timetable for the case implementing any new directions given