Application notice

Question 1

What 7 documents must be verified with a statement of truth?

Answer 1

1. A particulars of claim
2. A Defence
3. A reply to a request for further information
4. A witness statement
5. Claim form in Part 8
6. An acknowledgment of service for a part 8 claim
7. Any other document that PD requires

Question 2

If a statement of case is not verified by a statement of truth, what is the consequence for:

a) It’s effectiveness?
b) It’s evidential value

Answer 2

A SOC will remain valid if not verified by a SOT but its contents may not be relied upon as evidence

Question 3

What is the meaning of an “application notice”?

Answer 3

A document which states the intention of a party to seel a Court Order

Question 4

What is the general rule about service of an application?

Answer 4

An application notice must be served on each respondent

Question 5

What must an application notice include?

Answer 5

Notice of what order the applicant is seeking and the reason for seeking that order

Question 6

Unless a rule or PD requires otherwise, when should notice of an application be served?

Answer 6

As soon as possible, and at least 3 days before the Court is to deal with the application

Question 7

When a copy of an application notice is served, what two things should be attached?

Answer 7

1. A copy of any witness statement in support of the notice

2. A copy of the draft order which the applicant has attahced to his application

Question 8

In what three circumstances can an application be dealt with without a hearing?

Answer 8

1. The parties agree the terms of the order
2. The parties agree there is no need for a hearing
3. The court does not consider that a hearing is appropriate

Question 9

What is the test for summary judgment?

Answer 9

i) The Claimant has no real prospect of succeeding on the claim or issue
OR
ii) The Defendant has no real prospect of defending the claim or issue
AND
b) There is no other compelling reason why the case or issue should be disposed of at tiral

Question 10

True or false:

The Court can grant summary judgment against any claimant in any proceedings?

Answer 10

True

Question 11

True or false:

The Court can grant summary judgment against any defendant in any proceedings?

Answer 11

False.

While summary judgment is a legal procedure that allows a court to decide a case without a full trial, it is not always available in every case against every defendant.

Summary judgment is typically granted when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. However, in order for summary judgment to be granted, the court must determine that there are no disputed issues of fact that require a trial.

There may be cases where there are disputed issues of fact or where the legal claims are not suitable for summary judgment. In such cases, the court may not grant summary judgment against any defendant.

Therefore, while summary judgment can be a powerful tool to resolve cases efficiently, it is not always available or appropriate in every case.

Question 12

In which scenario will a court not grant summary judgment against a defendant?

Answer 12

Possession proceedings (residential)

Question 13

A defendant can apply for summary judgment at any time. True or false?

Answer 13

True.

A defendant has the right to apply for summary judgment at any time during the proceedings. There is no strict time limit for when a defendant can make a summary judgment application, although there may be procedural rules in place that govern when such an application can be made.

In practice, a defendant may choose to apply for summary judgment early in the proceedings if they believe that the claim against them has no merit and can be disposed of quickly. Alternatively, a defendant may wait until later in the proceedings, after the claimant has had an opportunity to present evidence, in order to make their summary judgment application.

However, even if a defendant applies for summary judgment, it is ultimately up to the court to decide whether to grant the application. The court will consider the evidence presented by both parties and determine whether there are any genuine issues of material fact that require a trial.

Therefore, while a defendant can apply for summary judgment at any time, the decision to grant the application is ultimately up to the court and will depend on the specific circumstances of the case.

Question 14

A claimant can apply for summary judgment at any time. True or false?

Answer 14

False

Question 15

Can the claimant apply for summary judgment until the Defendant has filed an acknowledgment of service.

Answer 15

Yes with the Court’s permission

Question 16

When can a claimant apply for summary judgment against a Defendant without the Court’s permission?

Answer 16

When a Defendant has served an acknowledgment of service or a defence

Question 17

Can summary judgment be applied for in third party claims?

Answer 17

If the third-party claim is based on the same facts and legal issues as the main claim, the defendant in the third-party claim may apply for summary judgment in the same way as a defendant in the main claim. The court will consider whether there are any genuine issues of material fact that require a trial and may grant summary judgment if it is satisfied that the moving party is entitled to judgment as a matter of law.

However, if the third-party claim is based on different facts or legal issues, summary judgment may not be available. In such cases, the court may require a full trial to determine the issues in the third-party claim.

In summary, a defendant can apply for summary judgment in third-party claims, but the availability of summary judgment will depend on the specific circumstances of the case, including the facts and legal issues involved.

Question 18

Can summary judgment be applied for in Part 8 claims?

Answer 18

Yes- but unlikely (24.3.5)

Question 19

Can summary judgment be based on a point of law, rather than the evidence?

Answer 19

Yes (PD24)

Question 20

Can summary judgment be based on the evidence?

Answer 20

Yes (PD24)

Question 21

How should the applicant for summary judgment serve the evidence?

Answer 21

• either be contained in the application notice
  -or served with the application notice

Question 22

How many days before a hearing should a respondent serve evidence before a summary judgment hearing?

Answer 22

At least 7 days before the hearing

Question 23

How many days before a hearing should a applicant file written evidence in response to a respondent’s evidence?

Answer 23

At least 3 days before the hearing