Summary judgment and strike out

Summary judgment and strike out guidance:

This Practice Note should be read in conjunction with: • Practice Notes: Making an application, Compliance and relief from sanctions—overview, Relief from sanctions—when...

Practice Note

An application for summary judgment or to strike out all or part of a claim are often made in addition or in the alternative to one another. This Practice Note considers...

Practice Note

Practice Notes: Summary judgment applications—what, who and when and Strike out applications—what, who and when consider what, who and when you can apply for...

Practice Note

Successful applications to strike out or obtain summary judgment of a claim, defence or a specific issue essentially have at their heart the bringing to an end of that...

Practice Note

Under CPR 3.4(2)(b), the court may strike out a statement of case if it appears to the court that the statement of case is an abuse of the court's process or is otherwise...

Practice Note

Under CPR 3.4(2)(c), the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or...

Practice Note

What happens after a strike out order has been made? CPR PD 3A, para 1.9 provides that where a rule, practice direction or order states ‘shall be struck out or dismissed’...

Practice Note

The extent of the different provisions which effectively empower the court to exercise its discretion to strike out a claim or issue in furtherance of the overriding...

Practice Note

A strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order...

Practice Note

Under CPR 3.4(2)(a), the court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing or...

Practice Note

The general principles applicable in applications for summary judgment or to strike out a claim/part of a claim are fairly well established, see eg, Practice Notes:...

Practice Note

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...

Practice Note

This Practice Note sets out what you need to issue and file to bring a summary judgment application, with particular reference to the evidence required to support the...

Practice Note

To succeed on a summary judgment application essentially requires satisfaction of a two-stage test, namely whether: • the claimant or defendant has no real prospect of...

Practice Note

To succeed on a summary judgment application essentially requires satisfaction of a two-stage test, namely whether: • the claimant or defendant has no real prospect of...

Practice Note

This Practice Note sets out the court’s general approach when considering applications for summary judgment. For guidance on satisfying the specific grounds for obtaining...

Practice Note

The Practice Notes: • Summary judgment—principles of approach • Summary judgment—no real prospect of success • Summary judgment—no other compelling reason for a trial set...

Practice Note

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...

Practice Note