An application for summary judgment allows a party to obtain a court decision on a claim without a full trial. This process aims to achieve swift resolutions, minimise unnecessary litigation, and reduce costs. In this article, we discuss the key factors in successfully making an application for summary judgment.
The Grounds for Summary Judgment
An application for summary judgment can be made against either the claimant or the defendant on the entire claim or a specific issue if the court finds that:
- The party has no real prospect of succeeding on the claim, defence, or issue; and
- There is no other compelling reason for the issue or case to proceed to trial.
Establishing the Grounds
To determine whether a party has no realistic chance of succeeding on the claim, defence, or issue, the court will assess whether the respondent's case, as pleaded, has any genuine prospect of success. The respondent does not need to prove that they will succeed at trial; rather, the applicant must show that the respondent's case lacks substance and that there is no other justification for a trial.
Therefore, if the respondent to an application for a summary judgment can show that it has a realistic chance of succeeding at trial by highlighting that the claim, defence or issue (as applicable) is neither without substance nor contradicted by all the documents on which it relies, it can defeat an application for summary judgment.
In situations where the respondent cannot demonstrate a real prospect of success on the claim, defence, or issue, they may still be able to defeat an application for a summary judgment. An example of a compelling reason for a trial is that a respondent may need more time to investigate the claim, and such investigation might provide it with a real prospect of success at trial. For instance, a respondent may need more time to contact a witness who will provide substantive material in support of their position or simply requires more time to review key documents.
When Can a Summary Judgment Be Sought?
A defendant may seek summary judgment at any point in the proceedings.
A claimant, however, can only apply for summary judgment after the defendant has filed an acknowledgment of service or a defence, unless the court grants permission or a rule or practice direction allows otherwise. Typically, a claimant's application for summary judgment is made before or at the time of filing the directions questionnaire.
There are, however, three situations in which a claimant may apply for summary judgment at any time after the claim form has been served (unless stated otherwise by a rule or practice direction). These situations are:
- Claims for specific performance of an agreement (whether in writing or not) for the sale, purchase, exchange, mortgage, or charge of any property, or for the grant or assignment of a lease or tenancy of property, with or without an alternative claim for damages.
- Claims for rescission of an agreement (whether written or not) for the sale, purchase, exchange, mortgage, or charge of any property, or for the grant or assignment of a lease or tenancy of property, with or without an alternative claim for damages.
- Claims for the forfeiture or return of a deposit made under such an agreement.
If a summary judgment application is made before the defendant has filed a defence, the defendant is not required to file a defence before the summary judgment hearing.
Cases Unsuitable for Summary Judgment
The summary judgment procedure is generally suited to straightforward claims, such as debt claims. It has also been held that in the absence of clear authority that a point is incapable of summary determination, it is the judge hearing the application who will decide whether the Court is in possession of all the material necessary to grant a summary judgment.
It is important to note that a summary judgment may not be appropriate where any one or more of the following circumstances apply:
- There are issues in the claim that require examination at trial;
- Granting summary judgment would necessitate the Court to carry out a mini-trial;
- The application seeks to resolve a contentious point of law in an evolving area;
- There is a pending appeal that may alter relevant legal authority;
- The case involves complex legal and factual issues that need in-depth investigation.
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.
