Summary Judgment

Question 1

What is summary judgment?

Answer 1

Where a court decides on a claim (either in whole or in party) early on in proceedings without going to trial

Question 2

What part of the CPR does the test for summary judgment fall under?

Answer 2

Part 24

Question 3

Which parties to a civil case can apply for summary judgment?

Answer 3

Claimant or defendant

Question 4

Is the power of the court to issue summary judgment discretionary or mandatory?

Answer 4

Discretionary

Question 5

Set out the test for summary judgment.

Clue, there are 2 required limbs

Answer 5

1. The claimant has no real prospect of succeeding on their claim, or the defendant has no real prospect of successfully defending their claim; and
2. There is no other compelling reason for the claim to proceed to trial

Question 6

Must both limbs of the test be met for summary judgment?

Answer 6

Yes

Question 7

What factors should be considered for “no real prospect of success”?

Answer 7

• No arguable case
• Failed to evidence all the requirements of a claim e.g. for negligence, where no duty of care was owed
• Standard of proof not met i.e. balance of probabilities

Question 8

What factors can be considered in having “no compelling reason” to proceed to trial?

Answer 8

• The parties have put forward all available evidence
• There are no other material witnesses
• If so, the court should enter judgment now to meet the OO and save costs