Summary Judgement

Question 1

What is a summary judgement?

Answer 1

A summary judgement covers cases which are weak on the facts, so the court will consider the merits of the case.

Raised under CPR part 24

Question 2

What is a summary judgement?

Answer 2

A judgement where a case is weak on facts

Question 3

What are the grounds for appealing a Summary Judgement?

Answer 3

if hearing finds a chance slightly more than fanciful, court likely to result in a conditional order requiring D set out its case properly within 14 days

Question 4

Summary Judgement: Who can apply for a summary judgement?

Answer 4

Either party

Question 5

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

Answer 5

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

Question 6

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

Answer 6

• 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 7

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

Answer 7

• 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 8

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

Answer 8

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 9

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

Answer 9

• 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 10

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

Answer 10

• 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.

Question 11

What does ‘no real prospect’ mean?

Answer 11

It means the position is fanciful, imaginary or false.

To defeat the application, the respondent does not have to show that its case will probably succeed; just some chance even if it is improbable. The word real means more than merely arguable.