Summary Judgment + Strike Out

Question 1

What is the 3 part test for a ‘Summary Judgment’?

Answer 1

CPR 23:
(1) C / D has NO REAL PROSPECT of success
(2) No other COMPELLING REASON case should be disposed of at trial
(3) Addrress OVERRIDING OBJECTIVE (avoid cost + time of Trial)

Question 2

What are the 3 possible ways an application for ‘Strike Out’ can be made?

Answer 2

CPR 3.4
(1) SOC discloses NO REASONABLE GROUNDS for bringing / defending the claim
(2) SOC is an ABUSE OF THE COURT’S PROCESSES
(3) Failure comply with RULE, PRACTICE DIRECTION OR COURT ORDER