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 distinction between summary judgment and a preliminary issue and the question what constitutes an ‘issue’ for the purposes of CPR 24 and CPR PD 24, was considered in Anan Kasei v Neo Chemicals and Oxides (Europe) and applied in Vardy v Rooney and ADL Advance Contractors Ltd v Patel. In Anan Kasei, Fancourt J said:

‘79. There was no application for the trial of preliminary issues. Mr Mitcheson said that Rhodia would strongly have objected to a suggestion that there should be preliminary issues determined at this stage, but it was content to take the summary judgment application on the chin on the basis that, in relation to each point of law, Rhodia

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