Summary Judgments Flashcards
What is a summary judgment?
A summary judgment is granted when the court decides that one party has no real prospect of winning the case, and there’s no other compelling reason to go to trial. The court will consider the evidence presented by both parties, and decide if the case can be resolved without a trial.
What is the purpose of a summary judgment?
The purpose of a summary judgment is to enable the court to dispose of claims or issues without the need for a full trial.
How does a summary judgment further the overriding objective?
A summary judgment furthers the overriding objective because it allows the court to deal with weak cases or issues proportionately and expeditiously.
Which party can apply for a summary judgment?
Either party can apply for a summary judgment if it considers the other party’s position sufficiently weak.
What is the difference between a summary judgment and a strike out?
There is considerable overlap between the two provisions.
It is often appropriate for the party to combine the two applications.
The court can strike out whole or part of a statement of case which discloses no reasonable grounds for bringing or defending a claim, or is an abuse of the process or likely to obstruct the just disposal of proceedings.
The court may bring a summary judgment where that party has no real prospect of succeeding on their claim or defence.
What is a judgment in default?
This can be a consequence of the defendant failing to respond to a claim.
The court does not need to consider the merits of the case when ordering a judgment in default.
What are the grounds for summary judgment?
The claimant has no real prospect of succeeding on the claim or issue; OR
The 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.
What does `no real prospect’ mean?
Real means more than merely arguable.
To defeat the application, the respondent does not have to show its case will probably succeed, just some change.
What does `no other compelling reason’ mean?
*defendant needs more time to investigate
*expert evidence is required
*multi-party litigation
*scrutiny of key documents is required
*defendant has right to trial e.g. fraud
What evidence is required for an application for summary judgment?
The evidence supporting an application for summary judgment must address the above grounds. Additionally, the application notice or supporting evidence must also:
*Identify concisely any point of law or provision in a document on which the applicant relies; and
*State the application is made because the applicant believes that on the evidence the respondent has no real prospect of success and knows of no other compelling reason why the claim / issue should be disposed of at trial.
Who can apply for a summary judgment?
*The claimant
*The defendant
*The court
When can the claimant apply for a summary judgment?
After the defendant has filed an acknowledgement of service or defence (or earlier with the court’s permission).
When can the defendant apply for a summary judgment?
Can apply anytime after proceedings have commenced.
When can the court initiate a summary judgment?
Can fix a hearing of its own initiative.
When ideally should the claimant or defendant apply for the summary judgment?
Ideally, the C and D should apply for the summary judgment either before or at the same time as filing the Directions Questionnaires to avoid incurring unnecessary costs. If the application is made on filing Directions Questionnaires, the court will delay allocating the matter to a track until after the summary judgment hearing.
