Someone recently bought our

students are currently browsing our notes.

X

Summary Judgment Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Summary Judgment notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

SUMMARY JUDGMENT

? burden on A to prove R has: (a) no real prospect of success in succeeding on / defending claim
? realistic, NOT fanciful - better than merely arguablelibel claims - no reasonable jury could reach verdict contended fordefence with real prospect of success ? NO SJ where:

i. ii. iii. iv.substantive defence e.g. volenti, frustration, illegality point of law destroying the claimant's cause of action denial of facts supporting the claimant's cause of action further facts answering the claimant's cause of action e.g. an exclusion clause

the cheque ruleif buyer pays for cheque, are 2 contracts:

i. initial contract - for goods / services ii. the cheque - buyer undertakes to pay sum stated on cheque[?] if cheque bounces OR is stopped seller can sue on:

i. initial contract - non-payment of contract for goods / servicesbuyer can use any defence ? SJ unlikely

----OR-----

ii. the cheque - on the cheque itself
? buyer can only use limited defences applying to cheque:?fraud, duress, illegalityno considerationmisrepresentation

? SJ highly likely

applies to: cheques, direct debits, letters of credit, performance bonds

-----AND------

(b) no other compelling reason for trial
? compelling reason ? NO SJ where: i. complex dispute of fact e.g. negligence claims - SJ is NOT a mini trial

ii. deceitful, dishonest conduct by A iii. facts entirely within A's hands - unjust to enter SJ without letting R present claim without request for further info etc.

? can use procedure to dispose of weak claims, and to obtain summary determination of some issues

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples