Summary Judgment Flashcards
Which part of the CPR deals with Summary Judgment?
Part 24
What is Summary Judgment?
Summary Judgment is a procedure by which the court may decide a claim or a particular issue without a trial.
CPR 24.1
What are the advantages of obtaining Summary Judgment?
- Claim determined early, saving time and costs.
- If the application is not successful, important info can still be obtained from the opponent which helps the substantive claim.
Are there disadvantages to summary judgment applications?
- It delays proceedings as they are stayed pending the hearing.
- There are costs consequences if the applicant loses.
What are the grounds for Summary Judgment being granted?
a) If the party has no real prospect of succeeding on or defending the claim; and
b) There is no other compelling reason why the case or issue should be disposed of at trial.
What CPR rule permits the court to order summary judgment?
24.2
What case management power does the court have?
Rule 3.4 makes provision for the court to strike outa statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim
What is the test of “no real prospect of success”?
The court is not considering who is likely to succeed at trial
but whether the case has a real prospect of success of winning.
There has to be a real chance of winning
In Swain v Hillman, the court determined that the case has to have a realistic chance of winning, not just a “fanciful” chance.
What does a respondent to a Summary Judgment application have to show?
That their claim or defence has a chance of succeeding at trial.
What did the House of Lords decide in Three Rivers (No 3) 2001?
That for a case to be fanciful, it must be entirely without substance and clear beyond question that the statement of case is contradicted by the documents or other material.
