Full and in-depth structure and notes on summary judgement. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on summary judgement. Contains extensive but easily com...
Summary judgement and interim applications / hearings
Who is making the application:
Claimant or Defendant?
CLAIMANT: DEFENDANT:
The claimant cannot make an application for SJ until The defendant can file for SJ at any point.
D has served their AoS or defence (C should instead
file for DJ)
WHAT GROUNDS IS THE APPLICANT MAKING THE SJ APPLICATION (When can a summary judgement
application be made):
R24.2 states that: The court may give summary judgment against a claimant or defendant on the whole of the claim or on a
particular issue if—
(a) it considers that—
(i) that claimant has no real prospect of succeeding on the claim or issue; or
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at trial.
APPLY – What ground is relevant / has been applied for?
PROCEDURE / FORMALITIES:
The application notice must state it is an application for summary judgment.
Under PD 24 para 2(3): the application notice or the evidence contained in it must
(a) identify concisely any point of law or provision in a document on which the applicant relies, and/or
(b) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of
succeeding on the claim or issue, or of successfully defending the claim or issue to which the application relates,
and in either case state that the applicant knows of no other reason why the disposal of the claim or issue should await trial.
The application notice should also inform the respondent of their right to file and serve written evidence in reply.
What the respondent to the application should do:
Respondent - must be given at least 14 days’ notice of the date fixed for the hearing.
A respondent who wishes to rely on written evidence must file and serve this at least seven days before the hearing.
An applicant who wishes to rely on written evidence in reply to the respondent’s submissions must file and serve it at least
three days before the hearing.
What orders can the court make:
1. Dismiss the application (Respondent wins)
2. Dismiss the claim or strike out the claim (Defendant to overall claim wins ((D made the SJ application))
3. Make judgement on the claim (Claimant wins ((C made the SJ application))
4. Make a conditional order
To grant SJ court believes that the respondent to the application (C/D) has no real prospect of succeeding at court and that
there is no compelling reason why the claim should be disposed of at trial.
Conditional Order The court, under PD 24 para 5.2, orders a party to
(1) to pay a sum of money into court, or
(2) to take a specified step in relation to their claim or defence
and provides that that party’s claim will be dismissed or their statement of case struck out if they do not comply.
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