Summary judgment—the hearing, orders and costs
Summary judgment—the hearing, orders and costs

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

  • Summary judgment—the hearing, orders and costs
  • Summary judgment applications—what orders can be made?
  • Summary judgment applications—conditional orders
  • Summary judgment applications—costs
  • Summary judgment applications—practical considerations
  • Summary judgment applications—case management following dismissal of application or non-disposal

This Practice Note considers what may happen at a summary judgment application under CPR 24, including case management issues, what orders the court can make (including conditional orders), costs of the application and practical considerations when planning to bring a summary judgment application.

For guidance on how to make a summary judgment application, see Practice Note: Summary judgment—making the application.

For guidance on the principles and grounds on which a summary judgment application may be brought and the factors the court will take into account on such hearings, see 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

  4. Summary judgment—relevant factors and examples

Note: it is possible that the court may determine a summary judgment application without an oral hearing. In RGCM v Lockwood, Falk J, at the request of the claimant, dealt with its summary judgment application without a hearing, having concluded that it was appropriate to do so under CPR 23.8(c). For guidance on applications without hearings, including requesting that an application be disposed of in that manner, see Practice Note: Applications without hearings.

Summary judgment applications—what orders can be made?

The orders the court may make on a summary judgment application made under CPR 24, include:

  1. judgment on the claim

  2. the striking out or dismissal of the claim

  3. the