DR W6/7
TACTICAL APPLICATIONS AND SETTLEMENT
Summary judgment
Part 24 CPR
Summary judgment is a procedure by which the court can decide a claim or a particular issue without a trial.
The existence of Summary Judgment acknowledges that certain cases need not run to trial; the aim of
the procedure is to facilitate a quick determination of a case, avoid long-running litigation and save
costs where a trial is unnecessary.
Grounds for summary judgment
CPR 24.2:
The court may give summary judgment if it considers the defendant has:
No real prospect of succeeding on or defending the claim AND
There is no other compelling reason why the case or issue should be disposed of at a trial.
1: No Real Prospect of Succeeding on or Defending the Claim
In order to defeat an application for summary judgment, the respondent needs more than just an arguable case.
It has to be one that has a "real, as opposed to a fanciful, chance of winning" (Swain v Hillman)
Commonly, applications will focus on (para 1.3, PD24):
o A point of law which means the respondent has no real prospects of succeeding in his claim.
o Evidence which can reasonably be expected to be available at trial, or the lack of it, which means
the respondent has no real prospects of succeeding e.g. where it is clear beyond question that the
statement of case is contradicted by all the documents.
o A combination of these.
2: No Other Compelling Reason to Try the Case or Issue
The following may constitute compelling reasons to go to trial:
(if they are proven, summary judgment not appropriate )
Need to investigate:
The respondent may need time to investigate the claim, not having had the opportunity to do so, and such
investigation might provide it with real prospects of success.
o E.g. if the respondent has been unable to contact a witness.
Difference in facts
Matter is in the public interest (Secretary of State for Health v Norton Healthcare)
Particularly complex claim and to be properly understood must go to trial for cross-examination
Summary judgment is not intended to be a substitute for a trial in which the court can make a detailed
investigation of all of the issues.
Where one party holds all of the factual cards
Summary Judgment can be sought prior to disclosure. It is therefore possible that, in certain cases, one
party will be in possession of the majority of the evidence before they are under an obligation to disclose.
Where the facts are wholly in the applicant's hands and it would be unjust to enter judgment without giving
the respondent the opportunity to establish a defence in the light of disclosure, or after serving a request
for further information (Harrison v Bottenheim)
Questionable conduct by the applicant:
Summary judgment has been refused where the applicant's conduct can be questioned, for instance where
they are being dishonest or devious (Miles v Bull)
The case is on a difficult point of law for which there is little prior authority.
1
, DR W6/7
Procedure
Claimant cannot apply for summary judgement until D has filed an acknowledgement of service or
defence, unless court gives permission.
D may apply for summary judgment at any time.
The application notice and evidence should be served on the opponent at least 14 days before the
hearing unless this is varied by a practice direction or the court (CPR 24.4(3)).
The respondent should file and serve evidence at least 7 days before the hearing (CPR 24.5(1)).
If the applicant wishes to respond to the respondent's evidence, he should do so at least 3 days
before the hearing (CPR 24.5(2)).
Possible court orders
Court may (PD 24, para 5.1):
Make a judgement on the claim (where C makes application)
Striking out or dismissal of claim (where D makes application)
Dismiss application
Conditional order
Likely to be made where it appears to court that a claim or defence may succeed but is
improbable (PD 24, para (4))
May require a party to:
pay a sum of money into court, or
take a specified step in relation to his claim or defence
Costs
Where C is successful:
Fixed costs for specified claim, if judgement is:
£25 > £5,000 = £175 fixed cost
< £5,000+ = £210 fixed cost
For unspecified claim to be summarily assessed – court fixes date to assess quantum and deal with costs of
the entire claim (‘disposal hearing’)
Interim remedies
(1) Interim payments
2
TACTICAL APPLICATIONS AND SETTLEMENT
Summary judgment
Part 24 CPR
Summary judgment is a procedure by which the court can decide a claim or a particular issue without a trial.
The existence of Summary Judgment acknowledges that certain cases need not run to trial; the aim of
the procedure is to facilitate a quick determination of a case, avoid long-running litigation and save
costs where a trial is unnecessary.
Grounds for summary judgment
CPR 24.2:
The court may give summary judgment if it considers the defendant has:
No real prospect of succeeding on or defending the claim AND
There is no other compelling reason why the case or issue should be disposed of at a trial.
1: No Real Prospect of Succeeding on or Defending the Claim
In order to defeat an application for summary judgment, the respondent needs more than just an arguable case.
It has to be one that has a "real, as opposed to a fanciful, chance of winning" (Swain v Hillman)
Commonly, applications will focus on (para 1.3, PD24):
o A point of law which means the respondent has no real prospects of succeeding in his claim.
o Evidence which can reasonably be expected to be available at trial, or the lack of it, which means
the respondent has no real prospects of succeeding e.g. where it is clear beyond question that the
statement of case is contradicted by all the documents.
o A combination of these.
2: No Other Compelling Reason to Try the Case or Issue
The following may constitute compelling reasons to go to trial:
(if they are proven, summary judgment not appropriate )
Need to investigate:
The respondent may need time to investigate the claim, not having had the opportunity to do so, and such
investigation might provide it with real prospects of success.
o E.g. if the respondent has been unable to contact a witness.
Difference in facts
Matter is in the public interest (Secretary of State for Health v Norton Healthcare)
Particularly complex claim and to be properly understood must go to trial for cross-examination
Summary judgment is not intended to be a substitute for a trial in which the court can make a detailed
investigation of all of the issues.
Where one party holds all of the factual cards
Summary Judgment can be sought prior to disclosure. It is therefore possible that, in certain cases, one
party will be in possession of the majority of the evidence before they are under an obligation to disclose.
Where the facts are wholly in the applicant's hands and it would be unjust to enter judgment without giving
the respondent the opportunity to establish a defence in the light of disclosure, or after serving a request
for further information (Harrison v Bottenheim)
Questionable conduct by the applicant:
Summary judgment has been refused where the applicant's conduct can be questioned, for instance where
they are being dishonest or devious (Miles v Bull)
The case is on a difficult point of law for which there is little prior authority.
1
, DR W6/7
Procedure
Claimant cannot apply for summary judgement until D has filed an acknowledgement of service or
defence, unless court gives permission.
D may apply for summary judgment at any time.
The application notice and evidence should be served on the opponent at least 14 days before the
hearing unless this is varied by a practice direction or the court (CPR 24.4(3)).
The respondent should file and serve evidence at least 7 days before the hearing (CPR 24.5(1)).
If the applicant wishes to respond to the respondent's evidence, he should do so at least 3 days
before the hearing (CPR 24.5(2)).
Possible court orders
Court may (PD 24, para 5.1):
Make a judgement on the claim (where C makes application)
Striking out or dismissal of claim (where D makes application)
Dismiss application
Conditional order
Likely to be made where it appears to court that a claim or defence may succeed but is
improbable (PD 24, para (4))
May require a party to:
pay a sum of money into court, or
take a specified step in relation to his claim or defence
Costs
Where C is successful:
Fixed costs for specified claim, if judgement is:
£25 > £5,000 = £175 fixed cost
< £5,000+ = £210 fixed cost
For unspecified claim to be summarily assessed – court fixes date to assess quantum and deal with costs of
the entire claim (‘disposal hearing’)
Interim remedies
(1) Interim payments
2
