The court will be advised to be wary of both: However, it is most common to see summary judgment applications made once each party has served their case statements (such as the particulars of claim, the defence, and any replies).Īn application for summary judgment may be made by either a claimant or a defendant. If a claimant wishes to apply before the defendant has acknowledged the claim or filed its defence, permission from the court is required (CPR 24.4). When can you apply for summary judgment?Ī person can apply for summary judgment at any time and in any proceedings (save for the limited examples in CPR 24.3(2)). Any written evidence in reply must be filed and served at least three days before the hearing date (CPR 24.5(2)). If the parties wish to rely on written evidence, it must be filed and served at least seven days before the hearing date (CPR 24.5(1)).

The court will list a date for the application to be heard before a judge.The applicant will file a copy with the court and serve a copy on the respondent.The applicant will draft an application notice (Form N244), supported by evidence (usually in the form of a witness statement from a solicitor) and a draft of the order that they want the judge to make.How do you apply for a summary judgment?Īpplying for a summary judgment can be summarised in three steps: The party seeking summary judgment must apply to the court and persuade the judge that it is the appropriate path to take. Prior to exercising its discretion, the court must agree that the party against which judgment is made has no real prospect of success and that there is no other compelling reason the matter should proceed to trial. Summary judgment is a discretionary power granted to judges to make a judgment on a claim or issue without going to trial.

How can you obtain a judgment without going to trial? While it may sound like a trick question, the English rules on Civil Procedure (the Civil Procedure Rules, “CPR”) provide a specific mechanism known as summary judgment (CPR 24).