The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
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:
the claim or issue (or the defence to a claim or issue) has no real prospect of success, and
there is no other compelling reason for a trial
There is therefore a two stage consideration to summary judgment applications. First, as
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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
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