Summary Judgment — A Powerful Tool to Avoid Unnecessary Trial

What is Summary Judgment?

People sue others for a variety of reasons, including money, harm to their property or corporate reputation, or an accident, among others. They rely on the courts and the law. In terms of time, as the courts have been increasingly overburdened over the years, it now takes months for hearings to be scheduled or paperwork to be processed.

What is the definition of summary judgment?

A summary judgment is a procedure that allows any of the claimants (you or your opponent) — or the court — to resolve all or part of a matter without having to go to trial. Both parties to the lawsuit are covered by the order.

What Is the Process for Getting a Summary Judgment?

When there are no more facts to be tried, summary judgment is awarded. There’s no way to get further information because all of the necessary statements and evidence are already in front of the judge.

What are the relevant court rules in terms of summary judgments?

The Civil Procedure Rules (CPR) contain the important court rules in connection to summary judgment that you should be aware of. The following are the important rules, along with links to the CPR’s pertinent pages:

  • CPR 3.3(1) & (4) — Contains the court’s authority to issue an order for summary judgment on its own motion.
  • CPR 1.4 — Establishes the court’s responsibility for case management, which includes summarily dismissing cases.

Types of Summary Judgments

There are two fundamental forms of summary-judgment motions from a tactical standpoint. One demands a comprehensive evidence presentation, while the other merely requires a restricted, targeted one.

What is the procedure for requesting a summary judgment?

The following are the most essential points with respect to the procedural aspects of applying for summary judgment:

  • If you are the applicant, you must specify the proof (point of law or document) on which you are responding and the grounds for your application.
  • When it comes to what to file in court, make sure you serve adequate copies of the application notice and proof within the deadline.
  • In terms of fees, you should search online for ‘EX50 — Civil and Family Court Fees’ to see what the current fee is for filing the application. The most recent version of EX50 may be obtained here, and the fee is £255 at the time of writing (summary judgment is classed as an application on notice where no other fee is specified).
  • The next step is to serve the respondent with the application and supporting proof. The parties must serve costs schedules on each other 24 hours before the hearing if you are claiming costs from them and they are claiming costs from you (which would normally be the case in these circumstances).
  • You and the other side should exchange skeleton arguments before the application hearing, and if you are the claimant, you are responsible for creating a court bundle.

In what situations can you get a summary judgment?

In theory, if you’re the defendant in a dispute, you can get a summary judgment against a claimant in any sort of action if you’re the defendant. If you are a claimant in a certain sort of dispute (for example, home possession proceedings), you may not be able to obtain summary judgment; if you are unclear, you should seek legal advice.

  • Making a summary judgment application could cause delays and cost you more money. This is due to the fact that, until the application is heard, proceedings are normally halted for various reasons. In general, unsuccessful applications will result in adverse orders against the applicant.
  • With the aforementioned danger in mind, it’s important to remember that, even if the application is rejected, it may provide a tactical advantage and save time. This is because the opposing party will have been pushed to present their case and evidence at an early stage.
  • If a defendant needs additional time to research the claim or the case is exceptionally complex, the court may refuse to give summary judgment.

Advantages of Summary Judgments

• Saving the cost of a trial,

Disadvantages of Summary Judgments

• Adding significant expense to the litigation,


One of the basic goals of the Rules of Civil Procedure is to obtain the most, speedy, and least expensive determination of every civil matter on its merits. Judgment and mechanisms to settle an issue before trial serve this principle. A side has legal means at its disposal to reach such a result if a trial is unnecessary or can be hastened, or the legal problems can be limited.




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Copperpod is one of world's leading intellectual property research and technology consulting firms.