Part 15 – Summary Judgment

Scope of this Part

15.1

1. This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial.

Grounds for summary judgment

15.2

1. The court may give summary judgment on the claim or on a particular issue if it considers that the –
   1. claimant has no real prospect of succeeding on the claim or the issue; or
   2. defendant has no real prospect of successfully defending the claim or the issue.
      • Rule 26.3 gives the court power to strike out the whole or part of a statement of case if it discloses no reasonable ground for bringing or defending the claim.

 Types of proceedings for which summary judgment is not available

15.3

1. The court may give summary judgment in any type of proceedings except –
   1. admiralty proceedings in rem;
   2. probate proceedings;
   3. Proceedings by way of fixed date claim;
   4. proceedings for –
      1. claims against the Crown;
      2. defamation;
      3. false imprisonment;
      4. malicious imprisonment; and
      5. redress under the Constitution of any Member State or Terri­tory.

Procedure

15.4

1. Notice of an application for summary judgment must be served not less than 14 days before the date fixed for hearing the application.
2. The notice under paragraph (1) must identify the issues which it is proposed that the court should deal with at the hearing.
3. he court may exercise its powers without such notice at any case management conference.
   • Part 11 contains general rules about applications.

Evidence for purpose of summary judgment hearing

15.5

1. The applicant must –
   1. file affidavit evidence in support with the application; and
   2. serve copies of the application and the affidavit evidence on each party against whom summary judgment is sought; not less than 14 days before the date fixed for hearing the applica­tion.
2. A respondent who wishes to rely on evidence must –
   1. file affidavit evidence; and
   2. serve copies on the applicant and any other respondent to the application; at least 7 days before the summary judgment hearing. 

Powers of court on application for summary judgment

15.6

1. The court may give summary judgment on any issue of fact or law whether or not the judgment will bring the proceedings to an end.
2. If the proceedings are not brought to an end the court must also treat the hearing as a case management conference.