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Interim Applications Summary Judgment Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Interim Applications Summary Judgment document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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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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