Summary judgement

Question 1

What is summary judgment

Answer 1

The purpose is to enable the court to dispose of claims or issues without the need for a full trial (CPR24.1)

Question 2

Grounds for Summary Judgement

Answer 2

Can be given against a C or D where that party has no real prospects of succeeding on their claim or defence.
And
There is no other compelling reason why the case or issue should be disposed of at trial.

Question 3

No real prospect

Answer 3

Means the claim is fanciful, imaginary or false. Must be more than merely arguable.

Question 4

Other compelling reason

Answer 4

Examples of compelling reasons

1. D needs more time to investigate
2. Expert evidence is required
3. Multi-party litigation
4. Scrutiny of key document is required
5. d has a right to trial by jury eg. Fraud

Question 5

Who can apply for SJ and when?

Answer 5

Claimant…… After the D has filed an AD or defence or earliest with court permission

Defendant…..Can apply anytime after proceedings have commenced

Court…….can fix hearing of its own initative

Ideally, apply before or at the same time as Directions Questionnaire.
If filed with DQ, the court will delay allocating track until after the SJ.

If C files SJ before defence, time for filing defence is extended

If D files, no need to file AS or defence until after SJ hearing.

Question 6

Timings

Answer 6

Issue….. AN, evidence,draft order and fee
Service….All the above plus notice of hearing
Further evidence(Respondent)…..at least 7 days before hearing

Further evidence (Applicant)….. evidence in reply at least 3 days before hearing

Hearing…..Both parties file and exchange stammers of costs not less than 24 hours before hearing

Question 7

Potential Orders at SJ hearing

Answer 7

Dismissal of the application: Application fails. The issues must continue at trial

Dismissal of the claim: Defendant applies for SJ and succeeds, the claim is dismissed. D has won

Judgment in the claim : If C applies for SJ and succeeds, then judgement is entered for the C. C has won.

Conditional order: Judge decides that respondent May succeed, but it is improbable that it it will do so: the court will refuse summary judgment and allow the R to continue subject to conditions such as paying to the court