Summary judgment and strike out - overviewSummary judgment - application by the defendant

Summary judgment (SJ) decides a claim or one or more issues in the claim without trial. The CPR does not expressly provide for when a defendant should bring an SJ application. SJ can be granted in any type of case where the claimant has 'no real prospect' of succeeding at trial and there is no other compelling reason not to grant it. Fixed costs are provided in relation to SJ but the court can order costs to be assessed. The court may refuse to give SJ but may give other types of orders such as a conditional order.

For more detail see Summary judgment - application by the defendant.

Summary judgment - application by the claimant

Summary judgment (SJ) decides a claim on one or more issues in the claim without trial. SJ cannot be granted against a defendant in admiralty claims in rem and proceedings for possession of residential premises (CPR 24.3(2)). In all other cases a SJ can be granted where the defendant has 'no real prospect' of defending the claim at trial and there is no other compelling reason not to grant it. Fixed costs are provided in relation to SJ but the court can order costs to be assessed. Generally SJ applications are made after service of the acknowledgement of service and the defence. They may be made earlier with the court's permission. The court may refuse to give SJ but may make other types of orders such as a conditional order.

For more detail see Summary judgment - application by the claimant.

Applying for summary judgment

Any party can apply for summary judgment.

A summary judgment application may be based on a point of law or a question of fact or a combination. The CPR sets out the rules determining when an application can be made by a claimant, it does not expressly provide for when a defendant can make such an application.

Summary judgment and strike out applications require various documents and a court fee to be filed at court. The CPR sets out what these documents should contain. There is a specific timetable that must be adhered to, to ensure parties have sufficient time to prepare for the hearing.

For more detail see Applying for summary judgment.

Court making a summary judgment or strike out order of its own initiative

A court, on its own initiative, can make an order for summary judgment or strike out. Together these provide the court with the power to dispose summarily of claims in furtherance of CPR 1.4(2)(c) of the Overriding objective. The court has a discretion to give an affected party an opportunity to make representations. The CPR provides a specific timetable for a summary judgment hearing which is fixed by the court.

For more detail see Court making a summary judgment or strike out order of its own initiative.

Challenging orders for summary judgment or strike out

A party can challenge an order made by the court on its own initiative (either with or without a hearing) asking for it to be set aside, varied or stayed. An appeal against any order can be made, whether the order arose out of a party's application or the court acting on its own initiative.

For more detail see Challenging orders for summary judgment or strike out.

Strike out application by the defendant

Strike out is an order by the court that either all or parts of the claimant's statement of case are deleted. The deleted material can then no longer be relied upon. A court would need to find that either the statement of case discloses no reasonable grounds for making a claim, or that it is an abuse of process, or that it is likely to obstruct the court’s just disposal of the proceedings, or that the defendant has failed to comply with the CPR or a court order. Civil restraint orders may also be used to prevent a claimant bringing proceedings at all.

For more detail see Strike out application by the defendant.

Strike out application by the claimant

Strike out is an order by the court that either all or parts of the defendant's statement of case are deleted. The deleted material can then no longer be relied upon. A court would need to find that either the statement of case discloses no reasonable grounds for defending the claim or that it is an abuse of process or it is likely to obstruct the court's just disposal of the proceedings or that the defendant has failed to comply with the CPR or a court order. Civil restraint orders may also be used to prevent a claimant bringing proceedings at all.

For more detail see Strike out application by the claimant.

Making an application for strike out

Any party can apply for strike out.

Strike out applications require various documents and a court fee to be filed at court. The CPR sets out what these documents should contain. There is a specific timetable that must be adhered to, to ensure parties have sufficient time to prepare for the hearing.

For more detail see Making an application for strike out.