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Preparing for Trial

Introduction

Civil Court Trial

Attending a Case Management Conference

Freezing Injunction

Acknowledgement Service for N9

Interim Applications

Pre-trial Checklist Listing for Questionnaire N170

Statements of Case

Summary Judgement

Disclosure During Civil Proceedings

Defamation Trials

Civil Procedure Rules

Avoiding Court

Alternative Dispute Resolution

Alternative Dispute Resolution Methods

Alternatives to Litigation

Mediation Procedure

Benefits of Mediation Procedure

Ombudsman Settling Disputes

Judgement in Default

Statutory Demand

Part 36 Offers

Muslim Arbitration Tribunal

Track Allocation

Track Allocation in Civil Proceedings

How the Court Allocate Claims to Tracks

Multi Track Claims

Small Claim Tracks

Qualifying for Small Claims

Preparing for Small Claims Hearing

Small Claims

Problems With Small Claims

Fast Track Claims

Shariah in Britain

What is Summary Judgment?

Summary judgment is a procedural process used in Civil litigation and is granted in order to achieve active case management.

Summary judgment applications are usually made by claimants where they believe that the defence filed by the defendant has no real prospect of success (CPR, r24.2(a)(ii)). However, summary judgment is not exclusively granted in favour of claimants, applications for such can be made by defendants if they believe that the claim filed against them has no real prospect of succeeding (CPR, r24.2(a)(i). The court must also be satisfied that there is no other compelling reason why the case should be disposed of at trial (CPR, r24.2(b)).

What is the ‘Test’ for Summary Judgment Applications?

The test for summary judgment is whether the respondent (either the claimant or the defendant for the purpose of a summary judgment application) has a case with a real prospect of success i.e. some chance of success. The prospect must be real and not false, fanciful or imaginary. The primary burden of proof rests with the applicant to demonstrate that the respondent has no real prospect of success and that there is no other compelling reason for a trial. If the applicant is able to satisfy this burden, the respondent must then demonstrate that there is a real prospect of success or some other reason for trial. Other compelling reasons for a trial could include instances where a party has been unable to contact an important witness.

Types of Proceedings Summary Judgment is and is not available.

The court has the power to grant summary judgment against a claimant in any type of proceedings (CPR, r24.3(1)). The court also has the power to grant summary judgment against a defendant in any type of proceedings except proceedings for possession of residential premises (CPR, r24.3(2)(a)) and proceedings for an admiralty in rem claim (CPR, r24.3(2)(b)).

Procedure for a Summary Judgment Application.

What types of Orders may the Court make?

The Court has the power to make a wide range of orders in relation to an application for summary judgment. These include:

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