Summary judgment—relevant factors and examples

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

  • Summary judgment—relevant factors and examples
  • Summary judgment—on a point of law
  • Summary judgment—construction of a document
  • Summary judgment—affirmation of contract cases
  • Summary judgment—fraud claims
  • Summary judgment—part of a claim
  • Summary judgment—clear and obvious cases
  • Summary judgment—developing area of law
  • Summary judgment—complex disputes
  • Summary judgment—clear, triable issues
  • More...

Summary judgment—relevant factors and examples

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 Practice Notes:

  1. Summary judgment—principles of approach

  2. Summary judgment—no real prospect of success

  3. Summary judgment—no other compelling reason for a trial

set out the general approach to summary judgment applications and the two separate limbs for the test under CPR 24.2 for succeeding on an application.

There are, however, certain other considerations to bear in mind when considering summary judgment, such as whether or not the application is limited to a dispute as to facts or law and what difference this may make, as well as special considerations where the dispute involves allegations of fraud. These matters are considered in this Practice Note.

Summary judgment—on a point of law

Generally summary judgment applications will be based on a dispute as to facts. However, the courts may make an order for summary judgment where the dispute is as to a point of law:

  1. Lewison J in Easyair held that summary judgment can be obtained on a point of law if it is:

    1. a short point of law

    2. the court is satisfied it has all the information necessary

Popular documents