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13.2 Application for Summary Judgement

Our experts have prepared these LPC notes on applications for summary judgements, just for you. If you would like one of our LPC-qualified experts to prepare a fully custom essay or an LPC coursework assignment for you, click here to place your order. Our LPC-qualified team can also draft clauses and contracts for you.

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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