Summary judgment—relevant factors and examples


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Summary judgment—relevant factors and examples


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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The Practice Notes:

  1. •

    summary judgment—principles of approach

  2. •

    Summary judgment—no real prospect of success

  3. •

    Summary judgment—no other compelling reason for a trial

set out the general approach to summary judgment applications and the two separate limbs for the test under CPR 24.2 for succeeding on an application.

There are, however, certain other considerations to bear in mind when considering summary judgment, such as whether or not the application is limited to a dispute as to facts or law and what difference this may make, as well as special considerations where the dispute involves allegations of fraud. These matters are considered in this Practice Note.

Amendments to CPR Part 24 and CPR PD 24 — 1 October 2023

Practitioners should note that the CPR provisions relevant to summary judgment were amended with effect from 1 October 2023. CPR Part 24 is substituted and Practice Direction was revoked. The changes were intended to simplify the rules, and do not materially alter the substantive law or practice. The numbering and location of some provisions is changed. Accordingly,

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Jurisdiction(s):
United Kingdom
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Key definition:
Summary judgment definition
What does Summary judgment mean?

A procedure by which a court may decide a claim or a particular issue without a trial, if it considers that one or other party has no real prospect of succeeding on or successfully defending the claim or issue and there is no other compelling reason why the claim or issue should proceed to a trial.

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