Summary judgment, as defined in Part 24 of the Civil Procedure Rules (CPR), allows the court to issue a judgment on a claim or end a case before trial. Under Part 24, claimants and defendants are eligible to apply for summary judgment.
If a case appears to have no chance of success, some parties might seek summary judgment to expedite the court’s decision. Consequently, the parties can save time and money on litigation.
When seeking summary judgment, a key point to emphasise if the absence of any genuine advantage or persuasive need for a trial. When claims are clear and evidence is strong, summary judgment is a good option.
If the claimant successfully applies for summary judgment, the court will rule in their favour, awarding them damages or deciding on any other issues raised. When a defendant successfully applies for summary judgment, the claim is dismissed.
Obtaining summary judgment
Under CPR 24.4(2), a claimant is prohibited from immediately applying for summary judgment after the service of proceedings. Procedurally, the defendant should file two things:
- An acknowledgement of service; and
- A statement of defence
Before any further action can be taken by the claimant, the defendant must send at least one of the above documents to the court to acknowledge the proceedings. Once this requirement is fulfilled, claimants can choose to apply for summary judgment without waiting for the defendant’s full and comprehensive response.
However, before determining an application for summary judgment, the following must be taken into account:
Discretion of the courts
Applying for summary judgment without allowing sufficient time for the defendant to file a defence impedes on their right to respond. In cases where it is clear that the defendant has not had ample time and opportunity to respond, the courts are reluctant to grant summary judgment. In cases where the facts of a case do not clearly indicate it lacks any prospect of proper pursuit; the courts may view the application as overly aggressive.
Risks of failure
When a summary judgment application is filed, the defendant will be informed, possibly leading them to submit their defence and witness statement with greater detail and speed than they would if no summary judgment was requested.
If an application for summary judgment fails, the claimant will usually be ordered to pay the defendant’s legal costs in the proceedings, which can lead to higher costs once standard litigation procedures follow. The application for summary judgment also counts as a miniature procedure within the wider case proceedings, so a failed application will only further congest and delay ongoing proceedings between the parties. In addition, legal costs may increase exponentially as a result.
If you need advice or assistance, please contact Nath Solicitors on 0203 983 8278 or get in touch with the firm online.