Exam Ready Notes for CORE Module 'Dispute Resolution'!
Civil Litigation Notes for Workshop 6 of the Dispute Resolution Module on the Legal Practice Course (LPC) at the University of Law.
These notes were used for the March 2023 exams, where I achieved a Distinction!
SEE THE BUNDLE PURCHASE...
DR WS6
Tactical Applications and Settlement
Tactical applications
Summary judgment
Part 24 CPR
Summary judgment is a procedure by which the court can decide a claim or a particular issue without a trial.
The existence of Summary Judgment acknowledges that certain cases need not run to trial; the aim of the procedure
is to facilitate a quick determination of a case, avoid long-running litigation and save costs where a trial is
unnecessary.
Making a summary judgment (SJ)
Grounds CPR 24.2 - The court may give SJ if the respondent has:
ü (a) No real prospect of succeeding on or defending the claim AND
ü (b) There is no other compelling reason why the case or issue should be disposed of at a trial.
1: No Real Prospect of Succeeding on or Defending the Claim
® In order to defeat an application for SJ, the respondent needs more than just an arguable case.
® It has to be one that has a "real, as opposed to a fanciful, chance of winning" (Swain v Hillman [1999] EWCA
Civ 3053).
• Commonly, applications will focus on (para 1.3, PD24):
o A point of law which means the respondent has no real prospects of succeeding in his claim.
o Evidence which can reasonably be expected to be available at trial, or the lack of it, which means the
respondent has no real prospects of succeeding e.g. where it is clear beyond question that the
statement of case is contradicted by all the documents.
o A combination of these.
2: Compelling Reason to Try the Case or Issue
® Need to investigate:
Compelling
reasons: • The respondent may need time to investigate the claim, not having had the opportunity to do so, and
(If they are such investigation might provide it with real prospects of success. E.g. if the respondent has been unable
proven, then to contact a witness.
SJ is not ® Difference in facts
appropriate) ® Where one party holds all of the factual cards
• SJ can be sought prior to disclosure. It is therefore possible that one party will be in possession of the
majority of the evidence before they are under an obligation to disclose.
• Where the facts are wholly in the applicant's hands and it would be unjust to enter judgment without
giving the respondent the opportunity to establish a defence in the light of disclosure, or after serving a
request for further information (Harrison v Bottenheim (1878) 26 WR 362).
® Questionable conduct by the applicant:
• SJ has been refused where the applicant's conduct can be questioned, for instance where they are being
dishonest or devious (Miles v Bull [1969] 1 QB 258).
® The case is particularly complex:
• SJ is not intended to be a substitute for a trial in which the court can make a detailed investigation of all
of the issues. Therefore particularly complex claims are less suited to SJ (Three Rivers District Council v
Bank of England (No. 3) [2001] UKHL 16).
® The case is on a novel point of law for which there is little prior authority.
• Swain v Hillman [1999] EWCA Civ 3053
Contents of The application should include:
the ü Application notice, form N244 + Draft Order + Fee (Currently £255)
Application ü Supporting evidence – on form or on witness statement (from client, usually)
Procedure Ø The application notice and evidence should be served on the opponent at least 14 days before the hearing
unless this is varied by a practice direction or the court (CPR 24.4(3)).
Ø The respondent should file and serve evidence at least seven days before the hearing (CPR 24.5(1)).
Ø If the applicant wishes to respond to the respondent's evidence, he should do so at least three days before
the hearing (CPR 24.5(2)).
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lpcnotes2024. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.99. You're not tied to anything after your purchase.
