Summary judgment—the hearing, orders and costs

The following Dispute Resolution practice 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—adjournment
  • Summary judgment applications—practical considerations
  • Summary judgment applications—case management following dismissal of application or non-disposal

Summary judgment—the hearing, orders and costs

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.

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

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