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Interim Applications Summary Judgment Notes

LPC Law Notes > Civil Litigation Notes

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A more recent version of these Interim Applications Summary Judgment notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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

Interim Applications - Summary Judgment

1) Procedure for summary judgment

Issue the application

When?

Claimant applying Must not apply for summary judgment until the defendant has filed, for the case itself:

An acknowledgement of service; or

A defence; or

The court gives permission (to apply); or

A practice direction provides otherwise

Defendant applying May apply at any point after the proceedings have been commenced

What documents are needed?

1) Application Notice It must:

1) Include a statement that it is for summary judgment (PD24 2)

2) In the notice or the evidence: 24 PD 2(3)

a) Identify concisely any point of law / provision in a document on which the applicant relies; and / or

b) State that it is made because on the evidence the respondent has no real prospect of claiming /
defending and that the applicant knows no other compelling reason why there should be a trial 2) Supporting evidence

3) Specifically direct the respondent to CPR 24.5(1)

3) Draft order

Serve the application

When?

At least 14 days before the hearing - CPR 24.4(3)

Apply rules of counting / time in CPR 2.8(2)

Respondent serves evidence in response

When?

At least 7 days before the hearing - CPR 24.5(1)

Apply rules of counting / time in CPR 2.8(2)

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