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:
? 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
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
(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.