See also Practice Direction
24
Part
24
SUMMARY JUDGMENT
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Scope of this Part
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24.1 |
This Part sets out a procedure by which the court may
decide a claim or a particular issue without a trial.
(Part 53 makes special provision about
summary disposal of defamation claims in accordance with the Defamation Act
1996)1
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| Amendments to Rule 24.1 w/e from 2 May 2000. |
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Grounds for summary judgment
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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 –
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it considers that –
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that claimant has no real prospect of
succeeding on the claim or issue; or
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that defendant has no real prospect of
successfully defending the claim or issue; and
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there is no other compelling reason why the case
or issue should be disposed of at a trial.
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(Rule 3.4 makes provision for the court to strike
out(GL) a statement of case or part of a statement of case
if it appears that it discloses no reasonable grounds for bringing or defending
a claim)
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| This Rule is referred to in: PDP 03 (1.2), PDP 04 (3.2), (3.2), PDP 24 (1.3), Akram v Adam [35], Ali v Hudson [39], Anglo-Eastern Trust Ltd v Kermanshahchi [64], Arkin v Borchard Lines Ltd [55], Arrow Nominees v Blackledge [68], Ashton v Securum Finance [14], City of London v Reeve & Co Ltd [17], ED&F Man Liquid Products Ltd v Patel [2], [9], [9], Godwin v Swindon BC [49], Hall v Simons [45], Halsey v Milton Keynes General NHS Trust [19], Hescorp v Morrison [54], King v Telegraph [36], Miller v Garton Shires [20], [27], Nelson v Clearsprings [37], Olatawura v Abiloye [26], Owusu v Jackson [32], Qualter Hall v Glenfield [20], Robert v Momentum Services Ltd [42], [42], [42], S&N v Raguz [48], Swain v Hillman [37], [9], [9], [9], Tanna v Tanna [47], [50], The Guild (Claims) Ltd v Eversheds [13], Three Rivers DC v Bank of England [119], [125], [148], [91], [91], Wallis v Valentine [13], [13], [14], Wragg v Partco Group Ltd [4], [6]. |
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Types of proceedings in which summary judgment is
available
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24.3 |
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The court may give summary judgment against a claimant
in any type of proceedings.
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The court may give summary judgment against a defendant
in any type of proceedings except –
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proceedings for possession of residential
premises against –
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a tenant or a person holding over after the
end of his tenancy whose occupancy is protected within the meaning of the Rent
Act 19772 or
the Housing Act 1988Acts3
and;
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proceedings for an admiralty claim in rem.
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Procedure
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24.4 |
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A claimant may not apply for summary judgment until the
defendant against whom the application is made has filed –
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an acknowledgement of service; or
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unless –
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the court gives permission; or
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a practice direction provides
otherwise.
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(Rule 10.3 sets out the period for filing an
acknowledgment of service and rule 15.4 the period for filing a defence)
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In civil proceedings against the
Crown, as defined in rule 66.1(2), a claimant may not apply for summary
judgment until after expiry of the period for filing a defence specified in
rule 15.4.
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If a claimant applies for summary judgment before a
defendant against whom the application is made has filed a defence, that
defendant need not file a defence before the hearing.
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Where a summary judgment 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 –
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the date fixed for the hearing; and
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the issues which it is proposed that the court
will decide at the hearing.
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A practice direction may provide for a different period
of notice to be given.
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(Part 23 contains the general rules about how to make an
application)
(Rule 3.3 applies where the court exercises its powers of
its own initiative)
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Amendments to Rule 24.4 w/e from 2 May 2000,
New Rule 24.4(1A) inserted w/e from 1 October 2005. |
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Evidence for the purposes of a summary judgment
hearing
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24.5 |
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If the respondent to an application for summary
judgment wishes to rely on written evidence at the hearing, he must
–
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file the written evidence; and
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serve copies on every other party to the
application,
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at least 7 days before the summary judgment
hearing.
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If the applicant wishes to rely on written evidence in
reply, he must –
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file the written evidence; and
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at least 3 days before the summary judgment
hearing.
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Where a summary judgment hearing is fixed by the court
of its own initiative –
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any party who wishes to rely on written evidence
at the hearing must –
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file the written evidence; and
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unless the court orders otherwise, serve
copies on every other party to the proceedings,
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at least 7 days before the date of the
hearing;
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any party who wishes to rely on written evidence
at the hearing in reply to any other party’s written evidence must
–
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file the written evidence in reply;
and
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unless the court orders otherwise serve
copies on every other party to the proceedings,
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at least 3 days before the date of the
hearing.
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This rule does not require written evidence
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to be filed if it has already been filed;
or
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to be served on a party on whom it has already
been served.
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Court’s powers when it determines a summary
judgment application
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24.6 |
When the court determines a summary judgment
application it may –
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give directions as to the filing and service of a
defence;
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give further directions about the management of
the case.
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(Rule 3.1(3) provides that the court may attach
conditions when it makes an order)
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