Strike out and summary judgment applications—how to respond
Strike out and summary judgment applications—how to respond

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Strike out and summary judgment applications—how to respond
  • Prompt action required responding to summary judgment and strike out applications
  • Grounds of response to summary judgment or strike out applications
  • Timing of the application for summary judgment or to strike out
  • Timetable for responding to summary judgment and strike out applications
  • Delivering counsel’s brief where summary judgment and strike out application
  • Applying to amend in response to summary judgment and strike out application
  • Alternative orders in response to summary judgment and strike out application
  • Further information request in response to summary judgment and strike out application
  • Setting aside a summary judgment or a strike out order
  • More...

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

An application for summary judgment or to strike out all or part of a claim are often made in addition or in the alternative to one another. This Practice Note considers the action that should be considered when faced with either or both such an application.

Prompt action required responding to summary judgment and strike out applications

It is important that you respond promptly to any such application.

For example:

  1. be aware that a claimant may follow the issue and service of their claim with a fairly swift application for summary judgment, including even before any defence is served, if they believe that there is no legal basis for a defence to the claim. See Practice Note: Summary judgment applications—what, who and when

  2. equally, a defendant may apply to strike out the claim against them shortly after service of their defence, on a similar basis. See Practice Note: Strike out applications—what, who and when

In the absence of acting promptly you may need to consider when an order for summary judgment or strike out may be set aside, see below.

In

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