Summary Judgement In Court Without A Hearing
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FAQ
Where summary judgment is granted, the proceedings are brought to a prompt end without the need for a full trial. An application for summary judgment is usually made by a claimant where no defence has been filed, or the claimant believes that the defence filed by the defendant has no real prospect of success (CPR, r24.
As with any other application made to a court: the usual form of Application Notice (Form N244) should be used to initiate the Application. almost invariably, applications for summary judgment are supported by evidence, in a witness statement. It must be served with the Application Notice.
From a tactical perspective, there are two basic types of summary-judgment motions. One requires a full evidentiary presentation, and the other requires only a more limited, targeted one.
The grounds on which summary judgment may be granted are that (a) there is no real prospect of the claimant succeeding on, or the defendant successfully defending, the issue or claim and (b) there is no other compelling reason why the case or issue should be disposed of at trial (CPR 24.2).
A court judgment, given at an early stage, finding for a party without a full trial of the issues and hearing of evidence on the basis that the claim, defence or issue has no real prospect of success and there is no other compelling reason why the matter should be disposed of at trial.
