Good afternoon Maam, I am [ name ] representing [ xx ] trading as [ xx ], the Claimant in this
matter appearing for [ law firm name ]. The Defendant is [ xx ] who is also the respondent.
I am appearing here today to request that summary judgment be entered for the Claimant
pursuant to Part 24 of the Civil Procedure Rules as it is my submission that the Defendant has
no reasonable prospect of succeeding in her defence of the claim. It is also my submission
that there is no compelling reason why this matter should continue and be disposed of at trial
as per the requirements under section 24 subsection 2.
Can I ask whether you are aware of the facts of the case?
Yes
It is my submission that this is a straightforward breach of contract matter with breaches of
both express and implied terms, the implied terms being those under the Consumer Rights
Act 2015.
In support of my submissions I will refer to the witness statements of the Claimant and the
Defendant. Have you had an opportunity to read the documentation Maam?
If I could firstly direct you to the first page of the Claimant’s witness statement at paragraph 6.
It is clear that a contractual relationship was formed between the Claimant and the Defendant
on [ date ] for the Claimant to provide over £[ xx ] plus VAT worth of [ items agreed ] to the
[ location agreed ] and that work would be commenced at the end of [ xx ].
If I can refer you Maam to the Exhibit [ xx ] on page [ xx ], that is a copy of the written quotation
the Claimant provided to the Defendant and the contractual document in this matter. It states
the total price for the works was £[ xx ], that payment was due within [ xx ] days of the
completion of the work and that payment was of the essence.