Civil Litigation - Summary and Default Judgment Notes

Syllabus – Summary Judgement and Default Judgment

 Default judgment
 Applications to set aside
 Summary judgments

1. SUMMARY JUDGMENT

CPR: Part 24

Part 24.1 contains the procedure the court may decide a claim or issue without a trial.

24.2  Grounds for summary judgment
The court may give SJ against a C or D on the whole of a claim or on a particular issue if—
(a) it considers that (i) the C has no real prospect of succeeding on the claim or issue or (ii)
D 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.

(r3.4: court can strike out statement of case or part of if it appears that it discloses no
reasonable grounds for bringing or defending a claim.)

24.3  Types of proceedings in which summary judgment is available
(1) The court may give SJ against a C in any type of proceedings.
(2) The court may give SJ against a D in any type of proceedings EXCEPT— (a) proceedings
for possession of residential premises against (i) a mortgagor; or (ii) a tenant or a person
holding over after the end of his tenancy whose occupancy is protected within the meaning
of the RA 1977 or the HA 1988 and; (b) proceedings for an admiralty claim in rem.

24.4  Procedure
C may not apply for SJ until D against whom the application is made has filed—(a) an
acknowledgment of service; or (b) a defence UNLESS- (i) the court gives permission; or (ii) a
PD provides otherwise. (24.4(1)).

In civil proceedings against the Crown, C may not apply for SJ until after expiry of the period
for filing a defence (specified in15.4) (24.4(1A)).

If C applies for SJ before a D has filed a defence, that D need not file a defence before the
hearing (24.4(2)).

Where a SJ hearing is fixed, the respondent (or the parties where the hearing is fixed of the
court’s own initiative) must be given at least 14 days’ notice of—(a) the date fixed for the
hearing; and (b) the issues which it is proposed that the court will decide at the hearing.

A PD may provide for a different period of notice to be given (24.4(4)).

24.5  Evidence for the purposes of a summary judgment hearing
RESPONDENT = If the respondent to an application for SJ wishes to rely on written evidence
at the hearing, he must—(a) file the witness evidence; and (b) serve copies on every other
party to the application, at least 7 days before the SJ hearing (24.5(1)).

, Syllabus – Summary Judgement and Default Judgment

APPLICANT in REPLY= If the applicant wishes to rely on written evidence in reply, he must—
(a) file the written evidence; and (b) serve a copy on the respondent at least 3 days before
SJ hearing (24.5(2)).

WHERE SJ FIXED BY COURT ON OWN INIATIVE (s24.5(3)) -

Any party who wishes to rely on written evidence at the hearing must—(i) file the written
evidence; and (ii) unless the court orders otherwise, serve copies on every other party to the
proceedings, at least 7 days before the date of the hearing (24.5(3)(a)).

Any party who wishes to rely on written evidence at the hearing in reply to any other party’s
written evidence must— (i) file the written evidence in reply; and (ii) unless the court orders
otherwise serve copies on every other party to the proceedings, at least 3 days before the
date of the hearing (24.5(3)(b)

This rule does not require written evidence— (a) to be filed if it has already been filed; or (b)
to be served on a party on whom it has already been served (24.5(4)).

24.6  Court’s powers when it determines a summary judgment application
When the court determines a SJ application it may— (a) give directions as to the filing and
service of a defence (b) give further directions about the management of the case.

(r3.1(3) provides that the court may attach conditions when it makes an order.)

PD 24

Para 1 Applications for summary judgment under Part 24

1.1  Attention is drawn to Part 24 itself and Part 3 (in particular 3.1(3) and (5))
Part 22, Part 23 (in particular 23.6) Part 32 (in particular 32.6(2)).

1.2 the word claim includes— (1) a part of a claim, and (2) an issue on which the claim in
whole or part depends.

1.3 An application for SJ under 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) a combination of these.

1.4 24.4(1) deals with the stage in the proceedings at which an application under Part
24 can be made.

Para 2  Procedure for making an application (attention drawn to 24.4(3) and 23.6)

(2) The application notice must include a statement that it is an application for SJ made
under Part 24.