#4854 - Interim Applications Summary Judgment - Civil Litigation

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)