> ### CIVIL PROCEDURE RULES

> ### PART 24 SUMMARY JUDGMENT

> ### See also Practice Directions

> ### CONTENTS OF THIS PART

> Scope of this Part | Rule 24.1
> Grounds for summary judgment | Rule 24.2
> Types of proceedings in which summary judgment is available | Rule 24.3
> Procedure | Rule 24.4
> Evidence for the purposes of a summary judgment hearing | Rule 24.5
> Court's powers when it determines a summary judgment application | Rule 24.6

> ### SCOPE OF THIS PART

> 24.1 | This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial. (Part 53 makes special provision about summary disposal of defamation claims in accordance with the Defamation Act 1996)(33)

> ### GROUNDS FOR SUMMARY JUDGMENT

> 24.2 | The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if -
> |  | it considers that - that claimant has no real prospect of succeeding on the claim or issue; or that defendant has no real prospect of successfully defending the claim or issue; and there is no other reason why the case or issue should be disposed of at a trial.
> | (Rule 3.4 makes provision for the court to strike out(GL) a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim)

> ### TYPES OF PROCEEDINGS IN WHICH SUMMARY JUDGMENT IS AVAILABLE

> 24.3 | (1) | The court may give summary judgment against a claimant in any type of proceedings.
> | (2) | The court may give summary judgment against a defendant in any type of proceedings except - proceedings for possession of residential premises against- a mortgagor; or a tenant or a person holding over after the end of his tenancy whose occupancy is protected within the meaning of the Rent Act 1977(34) or the Housing Act 1988(35) and; proceedings for an admiralty claim in rem; and contentious probate proceedings.

> ### PROCEDURE

> 24.4 | (1) | A claimant may not apply for summary judgment until the defendant against whom the application is made has filed - an acknowledgement of service; or a defence, unless - the court gives permission; or a practice direction provides otherwise.
> | (Rule 10.3 sets out the period for filing an acknowledgment of service and rule 15.4 the period for filing a defence)
> | (2) | If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing.
> | (3) | Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court's own initiative) must be given at least 14 days' notice of - the date fixed for the hearing; and the issues which it is proposed that the court will decide at the hearing.
> | (4) | A practice direction may provide for a different period of notice to be given.
> | (Part 23 contains the general rules about how to make an application) (Rule 3.3 applies where the court exercises its powers of its own initiative)

> ### EVIDENCE FOR THE PURPOSES OF A SUMMARY JUDGMENT HEARING

> 24.5 | (1) | If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must - file the written evidence; and serve copies on every other party to the application, at least 7 days before the summary judgment hearing.
> | (2) | If the applicant wishes to rely on written evidence in reply, he must - file the written evidence; and serve a copy on the respondent, at least 3 days before the summary judgment hearing.
> | (3) | Where a summary judgment hearing is fixed by the court of its own initiative - any party who wishes to rely on written evidence at the hearing must - file the written evidence; and unless the court orders otherwise, serve copies on every other party to the proceedings, at least 7 days before the date of the hearing; any party who wishes to rely on written evidence at the hearing in reply to any other party's written evidence must - file the written evidence in reply; and unless the court orders otherwise serve copies on every other party to the proceedings, at least 3 days before the date of the hearing.
> | (4) | This rule does not require written evidence - to be filed if it has already been filed; or to be served on a party on whom it has already been served.

> ### COURT'S POWERS WHEN IT DETERMINES A SUMMARY JUDGMENT APPLICATION

> 24.6 | When the court determines a summary judgment application it may -
> |  | give directions as to the filing and service of a defence; give further directions about the management of the case.
> | (Rule 3.1(3) provides that the court may attach conditions when it makes an order)

> ### Endnote:

> (33) | 1196c.31
> (34) | 1977 c.42
> (35) | 1988 c.50

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