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LPC Law Notes Civil Litigation Notes

Summary Judgment Notes

Updated Summary Judgment Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible 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:

SUMMARY JUDGMENT

Procedure for Obtaining Summary Judgment
CPR 24.2

The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

  1. it considers that –

  1. that claimant has no real prospect of succeeding on the claim or issue; or

  2. that defendant has no real prospect of successfully defending the claim or issue; and

  1. there is no other compelling reason why the case or issue should be disposed of at a trial.

PD 24 1.3

An application for summary judgment under rule 24.2 may be based on:

  1. a point of law (including a question of construction of a document),

  2. the evidence which can reasonably be expected to be available at trial or the lack of it, or

  3. combination of these.

CPR 3.3(1)&(4) The courtcandirect ofitsown initiative that a claim or issue be summarily dismissed.
CPR 23.6 The procedure is that specified under CPR 23.
Form N244 Applicantsmust state that the application is made under CPR 24.
CPR 23.7(3)

The application notice must be served with a copy of any written evidence in support and a copy of the draft order.

Applicants must identify the point of law or document to be relied on and state the grounds formakingtheapplication.

Legal Test

CPR 24.2

The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if –

  1. it considers that –

  1. that claimant has no real prospect of succeeding on the claim or issue; or

  2. that defendant has no real prospect of successfully defending the claim or issue; and

  1. there is no other compelling reason why the case or issue should be disposed of at a trial.

International Finance Corp v Utexafrica Sprl Real means D has to have a case which is better than merely arguable
Swain v Hillman To decide whether a prospect is real does not involve the court conducting a mini-trial.
ED & F Man Liquid Products v Patel Burden of proof is on C to show D’s case has no real prospect of success and there is no other compelling reason why disposal of the claim should await trial.
D’s case must carry some degree of conviction. The court is not required to accept without analysis everything said by a party in his statement before the court
Callard v Financial Conduct Authority In...

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