Summary judgement - Revision history

Designing Buildings at 08:13, 22 January 2021

2021-01-22T08:13:58Z

← Older revision		Revision as of 08:13, 22 January 2021
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	* [[Whessoe_Oil_and_Gas_%26_Cleveland_Bridge_UK_Limited_v_Dale\|Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.]]		* [[Whessoe_Oil_and_Gas_%26_Cleveland_Bridge_UK_Limited_v_Dale\|Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.]]

−	[[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings at 15:48, 1 November 2017

2017-11-01T15:48:04Z

← Older revision		Revision as of 15:48, 1 November 2017
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−	Summary judgement is a procedure in civil law by which a court can reach a judgement without a trial being necessary. This may be ~~issued~~ on the merits of the entire case or on certain parts or issues in it.	+	Summary judgement is a procedure in civil law by which a court can reach a judgement without a trial being necessary. This may be on the merits of the entire case or on certain parts or issues within it.

−	~~The rules on summary~~ judgement ~~are~~ governed by the Civil Procedure Rules (CPR) 24, which state that it can be arrived at where the plaintiff or defendant’s claim has no real prospect of success, or where there is no other compelling reason for a trial.	+	Summary judgement is governed by the Civil Procedure Rules (CPR) 24, which state that it can be arrived at where the plaintiff or defendant’s claim has no real prospect of success, or where there is no other compelling reason for a trial.

	An application for summary judgement can be made by one of the parties based on:		An application for summary judgement can be made by one of the parties based on:
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	* A combination of both.		* A combination of both.

−	~~It is typical for~~ a summary judgement motion to have three parts~~. Firstly, one of the parties will present their version of the facts and provide evidence.~~	+	Typically a summary judgement motion will have three parts:

−	~~Secondly, this~~ party will attempt to convince the judge, using statutes and case studies, that under the law, they are entitled to win the case without a trial taking place.	+	* One of the parties will present their version of the facts and provide evidence.
		+	* This party will attempt to convince the judge, using statutes and case studies, that under the law, they are entitled to win the case without a trial taking place.
		+	* They anticipate the defence put forward by the other party and seek to demonstrate that even if those arguments are correct and valid, they would still win the case.

−	~~Thirdly, the party will try and anticipate the defence put forward by the~~ other party and ~~seek to~~ demonstrate that ~~even if those arguments are correct and valid~~, ~~they would still win the case~~.	+	The other party is given a chance to argue their side, and demonstrate that the motion is incorrect, or that there is evidence which could support their version of events.

−	~~For example, in a case about squatter’s rights,~~ the ~~plaintiff might anticipate that~~ the ~~defendant will argue they were squatting on~~ the ~~land for a lesser period of~~ time~~. But they may be able~~ to ~~argue that even~~ if ~~that is so, they will still lose~~ the case ~~based on the law against squatting~~.	+	The judge will review the submitted evidence and either grant the motion or deny it. The judge may not grant summary judgement if the defending party requires more time to investigate the claim or if the case is highly complex.

−	~~The other party is given a chance to argue their side, and demonstrate that their arguments about the law are incorrect, or that there is evidence which could support their version of events.~~	+	There is the risk that applying for a summary judgement may result in delay and increased costs. This is because proceedings are generally suspended for other purposes until the case is heard. The applicant may then face cost orders if the motion is unsuccessful. However, even if the motion is unsuccessful, it can still be useful in that the other party has been forced to set out their position and evidence at an earlier stage than they otherwise would have had to, allowing better preparation for the trial.
−		+
−	The judge will review the submitted paperwork and supporting evidence and either grant the motion of a summary judgement or deny it. The judge may not grant summary judgement if the defending party requires more time to investigate the claim or if the case is highly complex.	+
−		+
−	There is the risk that applying for a summary judgement may result in ~~adverse~~ delay and increased costs. This is because proceedings are generally suspended for other purposes until the case is heard. The applicant ~~will~~ face ~~adverse~~ cost orders if the ~~summary judgement application~~ is unsuccessful.	+
−		+
−	However, even if the ~~application proves~~ unsuccessful, it can be useful in that the other party has been forced to set out their position and evidence at an earlier stage than they otherwise would have had to, ~~giving the other side more time to prepare accordingly~~ for the trial.	+

	= Find out more =		= Find out more =
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	* Loss and expense.		* Loss and expense.
	* Technology and Construction Court.		* Technology and Construction Court.
−	* [[Whessoe_Oil_and_Gas_~~&_Cleveland_Bridge_UK_Limited_v_Dale~~\|Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.]]	+	* [[Whessoe_Oil_and_Gas_%26_Cleveland_Bridge_UK_Limited_v_Dale\|Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.]]

	[[Category:Property_law]] [[Category:Contracts_/_payment]]		[[Category:Property_law]] [[Category:Contracts_/_payment]]

Editor at 17:24, 25 October 2017

2017-10-25T17:24:17Z

← Older revision		Revision as of 17:24, 25 October 2017
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	* Loss and expense.		* Loss and expense.
	* Technology and Construction Court.		* Technology and Construction Court.
−	* Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.	+	* [[Whessoe_Oil_and_Gas_&_Cleveland_Bridge_UK_Limited_v_Dale\|Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.]]

	[[Category:Property_law]] [[Category:Contracts_/_payment]]		[[Category:Property_law]] [[Category:Contracts_/_payment]]

Editor: Created page with "Summary judgement is a procedure in civil law by which a court can reach a judgement without a trial being necessary. This may be issued on the merits of the entire case or on ce..."

2017-10-25T17:23:53Z

Created page with "Summary judgement is a procedure in civil law by which a court can reach a judgement without a trial being necessary. This may be issued on the merits of the entire case or on ce..."

New page

Summary judgement is a procedure in civil law by which a court can reach a judgement without a trial being necessary. This may be issued on the merits of the entire case or on certain parts or issues in it.

The rules on summary judgement are governed by the Civil Procedure Rules (CPR) 24, which state that it can be arrived at where the plaintiff or defendant’s claim has no real prospect of success, or where there is no other compelling reason for a trial.

An application for summary judgement can be made by one of the parties based on:

* A point of law.
* The evidence expected to be available at trial, or lack of it.
* A combination of both.

It is typical for a summary judgement motion to have three parts. Firstly, one of the parties will present their version of the facts and provide evidence.

Secondly, this party will attempt to convince the judge, using statutes and case studies, that under the law, they are entitled to win the case without a trial taking place.

Thirdly, the party will try and anticipate the defence put forward by the other party and seek to demonstrate that even if those arguments are correct and valid, they would still win the case.

For example, in a case about squatter’s rights, the plaintiff might anticipate that the defendant will argue they were squatting on the land for a lesser period of time. But they may be able to argue that even if that is so, they will still lose the case based on the law against squatting.

The other party is given a chance to argue their side, and demonstrate that their arguments about the law are incorrect, or that there is evidence which could support their version of events.

The judge will review the submitted paperwork and supporting evidence and either grant the motion of a summary judgement or deny it. The judge may not grant summary judgement if the defending party requires more time to investigate the claim or if the case is highly complex.

There is the risk that applying for a summary judgement may result in adverse delay and increased costs. This is because proceedings are generally suspended for other purposes until the case is heard. The applicant will face adverse cost orders if the summary judgement application is unsuccessful.

However, even if the application proves unsuccessful, it can be useful in that the other party has been forced to set out their position and evidence at an earlier stage than they otherwise would have had to, giving the other side more time to prepare accordingly for the trial.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Adjudication.
* Alternative dispute resolution.
* Causes of construction disputes.
* Civil procedure rules.
* Construction litigation.
* Contract claims.
* Dispute resolution boards.
* Loss and expense.
* Technology and Construction Court.
* Whessoe Oil and Gas & Cleveland Bridge UK Limited v Dale.

[[Category:Property_law]] [[Category:Contracts_/_payment]]