Summary Judgment under Civil Procedure Rules (CPR)

Summary Judgment under Civil Procedure Rules (CPR)

Summary judgment under the Civil Procedure Rules (CPR) Part 24 is a legal process that allows a claim to be resolved without going to trial. It can be initiated by either the claimant or the defendant, and the court may grant judgment on the whole claim or on a specific issue. Key rules and considerations in the application for summary judgment include CPR 3.14, which outlines the court's inherent authority to issue orders on its own initiative, and CPR 1.4, which establishes the Overriding Objective.

Applying for summary judgment provides several benefits, including financial savings, a prompt resolution of the case, and the ability to stop frivolous or vexatious claims. The application requires the party seeking summary judgment to demonstrate that there is no real prospect of success for the opposing party and that there is no other compelling reason for the case or issue to go to trial.

The grounds for summary judgment, as outlined in CPR 24.2, involve the court giving judgment against a claimant or defendant if it believes that the claimant has no real prospect of success or the defendant has no real prospect of successfully defending the claim. Additionally, there should be no other compelling reason for the case or issue to proceed to trial.

Both claimants and defendants can apply for summary judgment, and it may be granted on the entire claim or on specific issues within the claim. The court considers whether there is a real prospect of success for the party making the claim, and the burden of proof lies with the person making the claim. The term "real prospect" signifies a likelihood that is not false, fanciful, or unreal.

CPR 24.2(b) introduces an additional requirement that there should be no other compelling reason for the case or issue to proceed to trial. This condition is separate from the "no real prospect" requirement and serves as a reason for denying summary judgment. The term "compelling" raises the bar for what constitutes a reason, and case law has clarified that cases with complex issues, latent and crossclaims, or ongoing supplementary actions may be considered compelling reasons to deny summary judgment.

The court may make various orders under PD24, Paragraph 5.1, including judgment on the claim, striking out or dismissal of the claim, dismissal of the application, or a conditional order that requires a party to take specific steps.

In conclusion, summary judgment is a valuable tool for efficiently resolving claims without the need for a trial. It aligns with the Overriding Objective of achieving justice, cutting costs, and saving court resources. However, parties must exercise caution when seeking summary judgment, as an adverse costs order may be imposed if the application is unsuccessful.
Back to blog
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.