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#16842 - Summary Judgment - Civil Litigation

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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 evaluating prospects of success, judges are not required to abandon their critical faculties.
Royal Brompton Hospital v Hammond 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.
ICI Chemicals & Polymers Ltd v TTE Training Ltd The court should not allow a case to go forward to trial simply because there is a possibility of some further evidence arising.
Eilon & Associates Ltd v Easygroup IP Licensing Ltd If a counterclaim is used as a set-off, it must particularise the financial loss alleged.
Apvodedo NV v Collins It is not appropriate on a summary judgment application to resolve a complex question of law and fact, the determination of which necessitates a trial of the issue having regard to all the evidence.
AIS Pipework Ltd v Saxlund International Ltd C may be prevented from obtaining summary judgment if D can show that he intends to raise a set off or counterclaim which raises a triable issue – i.e. has some prospect of succeeding.
Addax Bank BSC v Wellesley Partners LLP Where the alleged value of...
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