Application for summary judgment is a procedure where the court may decide on a claim or a particular issue without a trial. Application for summary judgment can be made by the claimant or the Defendant to a claim in civil litigation proceedings once the claim is issued.
The court may give summary judgment against an applicant on the whole of a claim or on a particular issue if the court considers that there is no real prospect that the applicant will be successful in bringing or defending the claim, and when there is no other compelling reason why the case or issue should be disposed of at a trial.
To apply for summary judgment, the applicant should obtain an application notice from the court ( an application notice is a form you fill in!) and identify concisely any point of law or provision which he relies on in a document. The court has the options of either granting or dismissing the claim or issuing a condition order that requires compliance from the parties.
Where the Court dismisses the application or makes an order that does not completely dispose of the claim, the court will give case management directions as to the future conduct of the case.
The fixed cost for application is Â£175 for claims under Â£5000 and Â£210 for claims over Â£5000. You will also have to pay lawyer’s fees and the opponent’s feess if you lose.
For more information, please refer to Civil Procedure Rules Part 24 Summary Judgment (available at http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24)
Lok Leung wrote this article whilst on work experience.