Summary judgement
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.
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:
- A point of law.
- The evidence expected to be available at trial, or lack of it.
- A combination of both.
Typically a summary judgement motion will have three parts:
- 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.
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.
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.
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.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).