Summary Judgement Flashcards
What is the purpose of summary judgment under CPR 24
A. To allow trial by jury in fraud cases
B. To delay proceedings until further evidence is available
C. To dispose of weak cases without a full trial
D. To consolidate multiple claims
C. To dispose of weak cases without a full trial
Explanation: Summary judgment allows the court to save time and costs by disposing of claims or issues where one party clearly has no real prospect of success.
What is required for the court to grant summary judgment
A. A delay in expert reports
B. A party fails to file an acknowledgment of service
C. One party has no real prospect of success and there is no other compelling reason for a trial
D. The parties agree the claim should be dismissed
C. One party has no real prospect of success and there is no other compelling reason for a trial
Explanation: This is the two-limb test under CPR 24.2.
Who may apply for summary judgment under CPR 24
A. Only the claimant
B. Only the court
C. Either party or the court
D. The defendant only after the defence
C. Either party or the court
Explanation: Either party can apply, and the court may also fix a summary judgment hearing on its own initiative.
When must the respondent’s evidence be filed before a summary judgment hearing
A. At least 3 days before the hearing
B. At least 7 days before the hearing
C. At least 10 days before the hearing
D. At least 14 days before the hearing
B. At least 7 days before the hearing
Explanation: The respondent must file evidence at least 7 days prior to the hearing (CPR 24 Practice Direction).
What is a conditional order in the context of summary judgment
A. An order requiring one party to join another defendant
B. An order refusing summary judgment but setting conditions on the continuation of the claim
C. An order dismissing the claim for lack of evidence
D. An order granting summary judgment with costs
B. An order refusing summary judgment but setting conditions on the continuation of the claim
Explanation: A conditional order may be made where the court believes the respondent may succeed but it is unlikely.
What is the effect of a summary judgment application by a claimant before the defence is filed
A. The claim is automatically stayed
B. The defence deadline is paused until the hearing
C. The defendant must respond with an acknowledgment of service only
D. The defence must still be filed within the usual time limit
B. The defence deadline is paused until the hearing
Explanation: CPR 24.4(2) provides that the deadline is suspended until after the hearing.
When must the application for summary judgment be served before the hearing
A. At least 14 days before the hearing
B. At least 7 days before the hearing
C. At least 21 days before the hearing
D. At least 3 days before the hearing
A. At least 14 days before the hearing
Explanation: The applicant must serve the notice and supporting evidence at least 14 days before the hearing.
In which of the following scenarios would summary judgment likely be refused
A. The defendant admits the claim
B. The claimant has no evidence
C. Expert evidence is required to determine the issue
D. The claim is for breach of contract
C. Expert evidence is required to determine the issue
Explanation: The need for expert evidence may be a compelling reason to allow the issue to proceed to trial.
Which of the following statements best describes the standard for defeating a summary judgment application
A. The respondent must prove their case will probably succeed
B. The respondent must show some real prospect of success
C. The respondent must file a counterclaim
D. The respondent must admit part of the claim
B. The respondent must show some real prospect of success
Explanation: The respondent need not show their case will win, just that it is more than fanciful.
What distinguishes summary judgment from default judgment
A. Summary judgment requires a claim form
B. Default judgment does not consider the merits of the case
C. Summary judgment only applies after trial
D. Default judgment can only be granted by the High Court
B. Default judgment does not consider the merits of the case
Explanation: Default judgment is procedural and arises from failure to respond; it does not assess the strength of the claim.
What must the application notice for summary judgment include
A. A statement identifying it as an application under Part 24
B. An affidavit of service
C. A statement of truth only
D. The respondent’s acknowledgment of service
A. A statement identifying it as an application under Part 24
Explanation: This is a formal requirement to clearly identify the nature and grounds of the application under CPR 24 Practice Direction
Which of the following outcomes is NOT available at a summary judgment hearing
A. Conditional order
B. Judgment in favour of the applicant
C. Strike out of the case
D. Specific disclosure
D. Specific disclosure
Explanation: Specific disclosure is a case management order, not an outcome of a summary judgment hearing.
A defendant applies for summary judgment before filing a defence. The claimant has issued a weak claim. What happens next?
A: The court considers the application, and the defendant does not need to file a defence unless the application fails.
B: The application is rejected automatically.
C: The court dismisses the claim immediately.
D: The court grants default judgment.
A — The court considers the application, and the defendant does not need to file a defence unless the application fails.
Explanation: CPR 24.4 allows the defendant to apply for summary judgment before filing a defence, pausing the deadline.
What is the deadline for the respondent to serve evidence before a summary judgment hearing?
A: At least 7 days before the hearing.
B: At least 21 days before the hearing.
C: At least 1 day before the hearing.
D: No evidence can be submitted by the respondent.
A — At least 7 days before the hearing.
Explanation: CPR 24 requires the respondent to serve their evidence at least 7 days before the hearing.
The claimant applies for summary judgment. The defendant argues that expert evidence is needed to resolve the issues. What is the court likely to do?
A: Refuse summary judgment due to a compelling reason for trial.
B: Grant judgment automatically.
C: Strike out the defence.
D: Convert the summary judgment hearing into a full trial.
A — Refuse summary judgment due to a compelling reason for trial.
Explanation: If expert evidence is needed, that is often a compelling reason why the matter should go to trial.
The court grants a conditional order at a summary judgment hearing. What does this mean?
A: The respondent may proceed only if they meet a condition, such as paying money into court.
B: The claim is struck out.
C: The application is dismissed with no further directions.
D: Both parties must enter mediation.
A — The respondent may proceed only if they meet a condition, such as paying money into court.
Explanation: Conditional orders are used where the respondent may succeed but it is improbable.
