Summary judgment and strike out in insolvency proceedings
Summary judgment and strike out in insolvency proceedings

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Summary judgment and strike out in insolvency proceedings
  • Summary judgment—application by the defendant
  • Summary judgment—application by the claimant
  • Applying for summary judgment
  • Court making a summary judgment or strike out order of its own initiative
  • Challenging orders for summary judgment or strike out
  • Strike out application by the defendant
  • Strike out application by the claimant
  • Making an application for strike out

Summary judgment—application by the defendant

Summary judgment (SJ) decides a claim or one or more issues in the claim without trial. The Civil Procedure Rules do not expressly provide for when a defendant should bring an SJ application. SJ can be granted in any type of case where the claimant has 'no real prospect' of succeeding at trial and there is no other compelling reason for a trial. Fixed costs are provided in relation to SJ (see CPR 45.1(2)(a)) but the court can order costs to be assessed. The court may refuse to give SJ but may give other types of orders such as a conditional order.

For further reading, see Practice Note: Summary judgment applications—what, who and when.

Summary judgment—application by the claimant

Summary judgment (SJ) decides a claim on one or more issues in the claim without trial. SJ cannot be granted against a defendant in admiralty claims in rem and proceedings for possession of residential premises (CPR 24.3(2)). In all other cases a SJ can be granted where the defendant has 'no real prospect' of defending the claim at trial and there is no other compelling reason for there to be a trial of the issue(s)/claim. Fixed costs are provided in relation to SJ (see CPR 45.1(2)(a)) but the court can order costs to be assessed.