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Summary Judgment Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our 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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SUMMARY JUDGMENT
Procedure for Obtaining Summary Judgment
The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if -
(a) it considers that -
CPR 24.2
(i) that claimant has no real prospect of succeeding on the claim or issue; or
(ii) that defendant has no real prospect of successfully defending the claim or issue; and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial.
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),
PD 24 1.3
(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 court can direct of its own initiative that a claim or issue be summarily dismissed.
The procedure is that specified under CPR 23.
CPR 23.6
Form N244
Applicants must state that the application is made under CPR 24.
The application notice must be served with a copy of any written evidence in support and a copy of the draft order.
CPR 23.7(3)
→ Applicants must identify the point of law or document to be relied on and state the grounds for making the application.
Legal Test

CPR 24.2

International Finance
Corp v Utexafrica Sprl
Swain v Hillman
ED & F Man Liquid
Products v Patel
Callard v Financial
Conduct Authority
Royal Brompton Hospital v Hammond
ICI Chemicals & Polymers
Ltd v TTE Training Ltd

The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if -
(c) it considers that -
(iii) that claimant has no real prospect of succeeding on the claim or issue; or
(iv) that defendant has no real prospect of successfully defending the claim or issue; and
(d) there is no other compelling reason why the case or issue should be disposed of at a trial.
Real means D has to have a case which is better than merely arguable
To decide whether a prospect is real does not involve the court conducting a mini-trial.
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
In evaluating prospects of success, judges are not required to abandon their critical faculties.
When deciding whether D has a defence with a real prospect of success, court should also consider the evidence that could reasonably be expected to be available at trial.
The court should not allow a case to go forward to trial simply because there is a possibility of some further evidence arising.

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