Summary Judgment Flashcards
It may grant if:…
The court considers that-
i) that claimant has no real prospect of succeeding on the claim or issue, or
ii) that defendant has no real prospect of successfully defending the claim or issue, and
There is no other compelling reason why the case or issue should be disposed of at trial.
On what will/may a court grant summary judgment?
For whom?
Is it will may?
On the whole of a claim or a particular issue.
Against a claimant or defendant
It may.
When is rule 3.4 relevant to summary judgment?
The court may strike out a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending the claim.
In what proceedings may a court grant summary judgment against:
A) a claimant,
B) a defendant?
A) any type of proceedings,
B) any type of proceedings except:
i) proceedings for possession of residential premises against:
1 a mortgagor, or
2 a tenant or person holding over after the end of his tenancy, whose occupancy is protected within the meaning of the Rent Act 1977, or Housing Act 1988, and
ii) proceedings for an admiralty claim in rem.
When may a claimant not apply for summary judgment until what? Unless what?
Not the defendant whom the application is made against, until the defendant has filed:
A) an acknowledgement of service, or
B) a defence,
Unless the court gives permission, or a practice direction provides otherwise.
When will the defendant not need to file a defence before the hearing?
If a claimant applies for summary judgment before the defendant against whom the application is made had filed a defence.
What should happen once the summary judgment hearing is fixed?
What is the relevance of a particular practice direction?
The respondent (or parties where hearing is fixed of court’s own initiative) must be given at least 14 days’ notice of -
A) the date fixed for the hearing
B) the issues which it is proposed that the court will decide at the hearing.
A PD may provide for a different period of notice to be given.
What may a respondent to an application for summary judgment wish to do? If so, what must he do?
He may wish to rely on written evidence at the hearing.
He must:
1) file the written evidence, and
2) serve copies on every other party to the application
At least 7 days before the SJ hearing.
Following the filing and serving of written evidence by the respondent, what may the applicant wish to do? What must he do?
He may wish to rely on written evidence in reply.
He must:
1) file the written evidence, and
2 serve a copy on the respondent,
At least 3 days before the SJ hearin.
What happens if the court fixes a SJ hearing of it down initiative?
Re: 2), unless what?
Any party who wishes to rely on written evidence at the hearing must:
1) file the written evidence, and
2) serve copies on every other party to the proceedings,
At least 7 days before the SJ hearing.
Re: 2), unless the court orders otherwise.
What may any party wish to do at the hearing in reply to any other party’s written evidence?
File their own written evidence.
They must:
1) file the written evidence, and
2) unless the court orders otherwise, serve copies on every other party to the proceedings,
At least 3 days before the date of the hearing.
When is written evidence not required by Part 24?
When:
A) it has already been filed, or
B) it is to be served on a party on whom it has already been served.
What powers does the court have when it […] a summary judgment application?
When it determines such an application, it may:
1) give directions as to the filing and service of a defence;
2) give further directions about the management of a case.
What may an application for summary judgment be based on?
1) a point of law (including a question as to construction of a document),
2) the evidence which can reasonably be expected to be available at trial or a lack of it, or
3) a combination of these.
What must the application notice contain?
What else must be contained in it? How else could this be contained in/referred to/served with the notice?
- A statement that it is an application for summary judgment.
- It must:
A) identify concisely any point of law or provision in a document on which. The application relies, and/or
B) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue or (as the case may be) of successfully defending the claim or issue to which the application relates,
and in either case state that the applicant knows of no other reason why the disposal of the claim or issue should await trial.
The points above may be contained in/referred to in or served with the evidence.
