Summary Judgment

Question 1

What is SJ?

Answer 1

Resolving dispute at early stage w/o need to go to a full trial

Question 2

Test?

Answer 2

No real prospect NRP) or No compelling reason (NCR)

No real prospect of succeeding on claim, defence or issue AND there’s no other compelling reason why the case or issue should be disposed of at trial

Question 3

Who can apply for SJ?

Answer 3

Both C and D

Question 4

How do you apply?

Answer 4

First CMC
After AOS - if no AOS, then need the courts permission.

you fill out a court form (usually an application notice) and explain why you believe the other side’s case has no real chance of succeeding. You must also include evidence, like a witness statement, to support your application. Then you send the application to the court and the other side. The court will set a hearing where both sides can explain their arguments, and the judge will decide if the case (or part of it) can be decided without a full trial.

Question 5

Do you need an application notice for SJ?

Answer 5

Yes - r24.5(1)

Question 6

Grounds for SJ?

Answer 6

A) a point of law
B) the evidence (or lack of) which can reasonably be expected to be available at trial, or
C) both of the above.

Question 7

What is conditional order?

Answer 7

A conditional order is a court order that depends on a party doing something. For example, if a party wants to change their expert witness, the court may require them to disclose the first expert’s report. After a summary judgment application, if a claim or defence seems unlikely to succeed but not hopeless, the court may order a party to pay money into court or take certain steps. If they fail to comply, their claim or defence can be struck out.

Even if there’s a slight chance of success – make a conditional order.
Weak case – if u pay/make conditional order, then u can do what u need to do.

Look at screenshot of exam question for SJ