13.2 Application for Summary Judgement

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Under CPR 24.2, the Court may make a summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if, in its view,

(a)

(i) the Claimant has no real prospect of succeeding on the claim or issue; or

(ii) the Defendant has no real prospect of successfully defending the claim or issue;

and

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

CPR 24.4 sets out the procedure for obtaining summary judgement and under 24.4(1), a claimant is not entitled to apply for summary judgment until the Defendant has filed either an acknowledgement of service or a defence unless either the Court or a practice direction allows this.

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