Summary judgment applications—what, who and when
Summary judgment applications—what, who and when

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

  • Summary judgment applications—what, who and when
  • Summary judgment—what is it?
  • Summary judgment—who can make an application?
  • Summary judgment—timing—when can you apply?
  • Summary judgment—timing—applying prior to acknowledging service
  • Obtaining permission to issue a summary judgment application
  • Valid service of the claim
  • Summary judgment more readily enforced than a default judgment
  • Summary judgment—timing—applying prior to the defence
  • Summary judgment—timing—applying prior to determination of a jurisdiction challenge
  • More...

Summary judgment applications—what, who and when

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.

Summary judgment—what is it?

The summary judgment procedure under CPR 24 and CPR PD 24 sets out a procedure by which the court may decide a claim or a particular issue without a trial. If the application is successfully brought in relation to the entirety of the claim or defence then it may effectively bring an end to the proceedings.

The court in Palmali Shipping v Litasco, the court considering the words ‘particular issue’ in CPR 24 (specifically CPR 24.2) and concluded that it could ‘see no reason why the particular means of quantifying a damages claim cannot constitute “a particular issue”.’ For detailed discussion of the decision, see News Analysis: Defendant awarded summary judgment on the manner in which a lost profit claim is quantified (Palmali Shipping SA v Litasco SA).

The court may order summary judgment where:

  1. the claim or issue (or the defence to a claim or issue) has no real prospect of success, and

  2. there is no other compelling reason for a trial

There is therefore a two stage consideration to

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