Summary judgment

Question 1

What are the grounds for SJ?

Answer 1

C has no real prospect of succeeding on the claim or the D has no real propsect of defending AND there is no compelling reason why the case should be disposed of at trial

Question 2

What is meant by ‘no real prospect’

Answer 2

D just has to show that it has some chance, even if improbable, of succeeding

Question 3

What are some compelling reasons that may justify not disposing of a case at trial?

Answer 3

• D needing more time to investigate
• Expert evidence required
• Multi-party litigation
• Scrutiny of key documents required
• Right to trial by jury (Fraud)

Question 4

What is the similarity between a summary judgment and a strike out?

Answer 4

The court can strike out the whole or part of a SoC which discloses no reasonable grounds for bringing/defending a claim

Both processes aim to prevent abuse of process or obstruction of justice.

Question 5

What must an application notice for SJ identify?

Answer 5

Identify any points of law on which A relies and explain how the application meets the grounds

Question 6

When can C apply for summary judgment?

Answer 6

After D has filed acknowledgement or defence

Question 7

When can D apply for summary judgment?

Answer 7

Anytime

D has flexibility in when to seek a summary judgment.

Question 8

When is court likely to fix a SJ hearing if it chooses to do so

Answer 8

Ideally at the same time as the DQs

Question 9

What is the effect of a summary judgment application on proceedings?

Answer 9

Creates a pause on proceedings – therefore no need for defendant to file defence if they have not already done so

Question 10

How many days before the hearing must the application notice for SJ be served?

Answer 10

At least 14 days before the hearing

Question 11

How many days before the summary judgment hearing must R file and serve any evidence?

Answer 11

At least 7 days

Question 12

If A chooses to serve evidnece in response to R’s evidence, when must be this be served?

Answer 12

At least 3 days before the hearing

Question 13

What are the potential orders from a summary judgment application?

Answer 13

• Dismissal of application
• Dismissal of claim – D succeeds
• Judgment on the claim – C succeeds
• Conditional Order – R may continue subject to certain conditions (e.g paying a sum of money to the court)