Summary Judgment Notes

SUMMARY JUDGMENT Summary Judgment - Where defence: * has no real prospect of success, and * no other compelling reason for trial may rely on admissions made by Defendant in support. In some cases application for summary judgment and striking out may be sought in the alternative. Timing Hearing for Summary Judgment may be scheduled: 1. Before track allocation - on application by Claimant * Court will not allocate before hearing * where filed allocation questionnaire indicating intent to apply for Summary Judgment - court will direct listing of allocation hearing 2. Track-allocation stage - by Court of own initiative (when scrutinises documents after allocation questionnaires filed) * Claim not allocated to a track, * Court will fix a hearing and give parties 14 days notice If Defendant applies for Strike Out, must be determined before Claimant's application for Summary Judgment. Procedure Application notice Supported by evidence, must state: * belief that there is no defence with a real prospect of success (Summary Judgment), and * give details of facts and exhibit documents. Applicant must give 14 clear days notice Respondent must file and serve any evidence in reply minimum: 7 clear days before the hearing If Applicant wishes to respond - file and serve evidence minimum: 3 clear days before the hearing Hearing of Court's own initiative Parties must file and serve evidence minimum 7 clear days before hearing Evidence in reply - minimum 3 clear days before hearing Test: 

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