Summary Judgment

CPR Part 24 governs summary judgment. Rule 24.1 confirms the purpose of the Part, stating that it 'sets out a procedure by which the court may decide a claim or issue without a trial'. The power is available in both directions: the court may give summary judgment against a claimant in any type of proceedings, and against a defendant in almost any type of proceedings (with a specific exclusion for possession claims against certain residential occupiers).

The test for the court to apply is set out in rule 24.3, which permits summary judgment on the whole of a claim, defence, or an issue where 'it considers that the party has no real prospect of succeeding on the claim, defence or issue; and' there is no other compelling reason why the case or issue should be disposed of at trial. Both limbs must be satisfied — even where a party's prospects look weak, the court can still decline summary judgment if a compelling reason exists to let the matter proceed to a full trial. Procedurally, a claimant generally cannot apply for summary judgment until the defendant has filed an acknowledgment of service or a defence, and a respondent to an application must be given at least 14 days' notice of the hearing and the issues to be decided.