Summary Judgment

Question 1

What CPR provision governs summary judgment

Answer 1

CPR 24

Question 2

When can the court give summary judgment

Answer 2

CPR 24.2
If it considers that the C has no real prospect of succeeding or D has no real prospect of defending; and
There is no other compelling reason why the case or issue should be disposed of at trial

Question 3

Who can apply for summary judgment

Answer 3

Claimant or defendant or court can fix a hearing of its own motion

Question 4

IF court has fixed a hearing of its own motion, it will inform the parties of the issues it intends to decided, both parties should file and serve written evidence at least ___ clear days before the hearing. As provided by CPR____

Any evidence in response must be filed at least ___ clear days before the hearing

What does CPR 24 PD 2(5) say?

Answer 4

7. /. CPR 24.5

3

states that in the application notice the applicant should draw the attention of the respondent to rule 24.5(1)

Question 5

Claimant can make an application for SJ after …

D can make an application for SJ…

Answer 5

1. … the defendant has filed an acknowledgment of service or defence
2. … at any time after the commencement of proceedings. Does not need to file acknowledgment of service or defence

Question 6

In what types of proceedings can the court give summary judgment against a Claimant?

In what types of proceedings can the court give summary judgment against a Defendant?

Answer 6

C = any type of proceedings

D= cannot be obtained in proceedings for possession of residential premises against a Mortgagor

Question 7

What does a real prospect mean in the context of summary judgment?

What does no other compelling reason mean?

Answer 7

Carrying some degree of conviction
Not false, fanciful or imaginary
Has to be BETTER than merely arguable,

No compelling reason = no good reason
May be if there are issues that need full investigation at trial

Question 8

An application for summary judgment may be based on what?

What can an application for summary judgement be made in relation to?

Answer 8

1. Point of law
2. Evidence which can reasonably be expected to be available at trial, or lack of
3. Combination of both

Made in relation to
Whole claim
Party of a claim
Issue within a claim

Question 9

What orders may the court make on an application for summary judgment?

Answer 9

1) Judgment on the claim (i.e for the C)
(2) striking out/dismissal of the Claim (i.e for the D)
(3) Dismiss the application for summary judgement (for the respondent)
(4) Conditional order

+ Order for costs
+ directions (case management)

Question 10

1. Where the C’s claim exceeds the D’s counterclaim or set off, can the C obtain summary judgment?

What if C’s claim is lower or equal to D’s counterclaim/set off?

What happens if the D’s counterclaim does not amount to a set off?

Answer 10

1. Yes C will get judgment for the balance
   E.g if C claim for £10k, D’s CC/Setoff is £7,500, then judgment will be for £2,500
2. Then C application for summary judgment will FAIL
3. Then C may get judgment but with a stay on enforcement of the judgment until the trial for the counterclaim

Question 11

What if it appears to the court that a claim or defence may succeed but it is improbable that it will do so, what will the court order?

Answer 11

May make a conditional order

Question 12

What is a conditional order?

Answer 12

order that requires a party …

(1) to pay a sum of money into court, or
(2) take specified step in relation to their claim/defence

AND

Order provides that party’s claim will be dismissed or statement of case struck out if they do not comply

Question 13

COSTS
Normally _________ regime applies to successful SJ applications

What else is allowed under 45.1(4)? This can include…

Answer 13

Fixed costs

court fee
… can include … Issue fee (on CF only recoverable if applicant is the Claimant) + fee for hearing (255)