Summary Judgement Flashcards
What is the purpose of summary judgement?
Enables court to dispose of claims without need for full trial
What happens if a summary judgement is granted on an issue?
That issue can no longer be considered at trial
What is a strike out?
Court strikes out whole or part of a statement of case which discloses no reasonable grounds for bringing or defending a claim, or which is an abuse of process of the court
When is a summary judgement given?
When the C or D has no real prospect of succeeding on their claim or defence
Is summary judgement and strike out the same thing?
Not the same, but they have many overlaps and often go together
What is a default judgement?
Where the D fails to respond to their claim. This is a procedural judgement
What are the grounds for summary judgement against a claimant? (Summary Judgement test)
1) The claimant has no real prospect of succeeding on the claim or issue;
and
2) There is no other compelling reason why the case or issue should be disposed of at trial
What are the grounds for summary judgement against a defendant?
1) The defendant has no real prospect of defending on the claim or issue; and 2) There is no other compelling reason why the case or issue should be disposed of at trial
What does no real prospect mean for summary judgement?
Position is fanciful, imaginary or false
How can a party defeat a summary judgement application on the basis of no real prospect?
Does not need to show it will succeed, just some chance even if unlikely
What are examples of compelling reasons for summary judgement?
1) D needs more time to investigate 2) Expert evidence is required 3) Multi-party litigation 4) Scrutiny of key documents is required 5) D has a right to trial by jury (e.g. fraud) 6) And more
What form is an application notice for a summary judgement application?
Usually a witness statement
What is required to support an application for summary judgement?
Evidence supporting the grounds – must identify points of law and discuss the grounds
Who can apply for a summary judgement and when?
1) Claimant – any time after service from D
2) Defendant – any time after proceedings have commenced
3) Court – can fix hearing on its own initiative
When should a party ideally apply for summary judgement and why?
Same time as filing Directions Questionnaires, to avoid incurring unnecessary costs
What happens if a C applies for summary judgement before D has served defence?
The time for D to serve a defence is extended until after the hearing
Can D serve summary judgement before filing acknowledgement of service / defence?
Yes. The time will be extended until after summary hearing
What must the application notice for summary judgement include?
1) A statement that it is an application for summary judgement under Part 24; and 2) Direct respondent’s attention to CPR which require respondent to file and serve any evidence at least 7 days before summary judgement hearing
What are the notice requirements of a summary judgement?
- Application is 14 days before hearing - Respondent’s evidence must be filed 7 days before hearing - Applicant’s hearing must be filed at least 3 days before hearing
What are the potential orders at the summary judgement hearing?
1) Dismissal of application
2) Dismissal of claim
3) Judgement of the claim
4) Conditional order
Does a summary judgement have to be for a whole claim? What is the effect on potential orders?
No, it could be related to specific issues, in which case the orders will apply for the issues, not the whole claim
