Latest Information

Summary Judgment

15/04/2009

Summary Judgment is a useful tool which can enable a claimant or a defendant to apply to the court to obtain Judgment against their opponent at an early stage in the proceedings.

The court may give summary judgment against a claimant in any type of proceedings and against a defendant in most types of proceedings. Summary Judgment can be based on a point of law or evidence.

A litigant must, however, have careful regard to the merits of his/her case before deciding to embark on an application for Summary Judgement as the burden of proof rests squarely on the applicant to prove to the Court the grounds for Summary Judgment. If a party is unsuccessful in its application for Summary Judgment it will usually have to pay the other side’s costs.

Grounds for 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 –

• (a) it considers that – that claimant has no real prospect of succeeding on the claim or issue; or that defendant 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.

What powers does the Court have?

The Court may make any of the following Orders upon hearing an application for Summary Judgment:

• (i) judgment on the claim;
• (ii) the striking out or dismissal of the claim;
• (iii) the dismissal of the application;
• (iv) a conditional Order.

Benefits of Summary Judgment

The major benefit of applying for and obtaining Summary Judgment at an early stage is that the successful party can avoid the time and expense of proceeding with the litigation to a full trial. Summary Judgement can also be used to dispose of certain elements of litigation such as counterclaims or third party proceedings.