Summary judgment may end a case early on as a whole or restrict the case to a particular issue. The procedure for summary judgment is set out in CPR 24. A summary judgment can be used in all cases; however, a court does not conduct a mini trial. Therefore, it is not suitable for complex legal or factual issues that need to be investigated.
An applicant will make an application for summary judgment if they believe they have an overwhelmingly strong case.
Positives
- It can end the dispute quickly.
- It can be more cost effective than going to trial, if you're successful as the applicant.
- If the application is made early on, it can save on legal costs as it is cheaper than going to trial.
- The court does not hear any oral evidence, this means no one needs to attend as a witness.
- It can be used tactically; it can save time as your opponent will have to set out their position and evidence early on.
Negatives
- If you have made the application for summary judgment, and you are unsuccessful you will likely be ordered to pay your opponents costs.
- The court does not complete a full or mini trial, therefore, you need to be certain of your cases strengths are clear.
- Your opponent only has to show they 'may' succeed at trial for the application to be dismissed.
- Whilst the summary judgment application has been made, the proceedings are usually stayed until the application has been dealt with.
Grounds
The court can give summary judgment against either party, if it considers the following grounds have been met:
- The party has no real prospect of succeeding on the claim, defence or issue; and
- There is no other compelling reason why the issue or case should be disposed of at a trial.
Summary judgment can be a useful tool in litigation. If you have any questions about summary judgments or commercial litigation, please contact a member of our specialist Commercial Litigation Team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
