Summary Judgment Flashcards
CPR 24?
Procedure for summary judgment of claims not needing full investigation at trial.
How can the courts powers under CPR 24 be exercised?
The court can use summary judgment by its own volition or on application of parties.
On what grounds can the court give summary judgment on whole or part of a claim?
(1) C has no real prospect of success (2) D has no real prospect of successful defence (3) no compelling reason to go to trial.
What is meant by a real prospect of success in the test for summary judgment?
success must be ‘realistic’ not ‘fanciful’, must have a degree of conviction and consider evidence that will be at trial
What might satisfy the ‘no other compelling reason for trial’ element of test for summary judgment?
A compelling reason = right to trial by jury, intertwined claims between parties - things more than mere procedure.
What can prevent C obtaining a summary judgment?
Evidence of Ds intent to raise a set off or counterclaim can block a summary judgment application.
When may a court give summary judgment against claimants?
In any proceedings
When may a court give summary judgment against defendants?
any proceedings EXCEPT possession of residential premises against mortgagors; tenants; contract holders.
Can summary judgment be given against counter claims and 3rd party proceedings?
Yes - these are considered ‘part 20’ claims to which part 24 applies.
At what point may a claimant apply for summary judgment?
After the defendant in question has filed acknowledgment of service or defence OR where court or practice direction says otherwise.
What happens is summary judgment is sought before defence is filed?
The defendant in question needn’t file defence before the summary judgment hearing.
What happens once a summary judgment hearing is fixed?
respondent must be given 14 days + notice of the date and what issues it is proposed will be decided.
When is the most advisable time for a party to apply for summary judgment?
Summary judgment should be applied for before or with their directions questionnaire - court will then postpone track allocation until hearing.
What happens if a defendant applies for summary judgment?
If D applies for summary judgment the claimant can’t obtain default judgment until SJ has been disposed of.
Can summary judgment be applied in Part 8 Claims?
Yes - C must wait until D files acknowledgment of service or court gives permission.
What must the respondent do if they want to rely on written evidence at SJ hearing?
File written evidence; serve it on all parties; at least 7 days before hearing.
What must the applicant do if they want to rely on written evidence at SJ hearing?
File written evidence; serve it on respondent; at least 3 days before hearing.
If the SJ hearing is of the court’s own volition, what rules for serving evidence apply?
If the court prompted SJ, all parties wishing to rely on evidence must file and serve to all parties 7 days before the hearing, and if they wish to respond to evidence, 3 days before hearing.
What are the court’s powers in determining summary judgment?
They can give directions for filing and service of defence or for case management.
What are the 5 responses of the court to a summary judgment hearing?
(1) judgment of claim (2) strike out or dismissal of claim (3) dismissal of application (4) conditional order (5) costs order. Non-exhaustive list.
What can a judgment on whole or part of a claim after summary judgment trial entail?
May be grant of remedies sought, or order for damages, declaratory relief, or even a stay until counterclaims are dealt with.
When will the court strike out a claim following summary judgment trial?
Strike out will be ordered if the court is satisfied that the claimant’s claim is unwinable.
When will the court dismiss a claim following summary judgment trial?
Court will order dismissal if they are NOT satisfied that the respondents case has no real prospect of success.
Define conditional order?
A conditional order requires a party to pay a sum into court or take a specified step in relation to their claim or defence.
