Summary Judgment Flashcards
Who is the burden of proof on?
The Applicant
What are the grounds of application for SJ?
Rule 24.2:
- Respondent has no real prospect of succeeding; AND
- There is no other compelling reason why case should be disposed at trial
What can an application for SJ be based on?
PD24, para 1.3:
(1) point of law
(2) evidence which can reasonably be expected to be available at trial
(3) combination of these
When is the earliest a claimant can apply for SJ?
Rule 24.4(1): Not until D has filed either an acknowledgement of service or defence (unless court gives permission or PD provides otherwise)
How much notice should respondent be given of date fixed for hearing?
14 days
If respondent wants to rely on evidence at hearing, when should he file and serve evidence?
Must be filed and served 7 days before hearing (Rule 24.5(1))
If applicant wants to rely on evidence at hearing against R’s evidence, when should he file and serve?
3 days before - 24.5(2)
What orders can a court make on an application of summary judgment (PD 24 para 5.1?) - 4
(1) Judgment of the claim
(2) Strike out or dismissal of the claim
(3) Dismissal of the application
(4) Conditional order
Why would court dismiss application? - 2
(1) If one credible witness says one thing and another witness another thing
(2) No conclusive circumstantial evidence
What conditional orders can a court award?
PD 24, para 5.2:
1) Require party to pay a sum of money into court (e.g. where D’s claim is weak
(2) Take a specified step
When will the court make a conditional order?
Where claim/defence may succeed but improbable it will do so
What costs implications are there if D secures SJ?
C pays D his costs of claim and any pre-action costs
