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Application for Summary Judgement | LPC Help

334 words (1 pages) LPC Help Guide

1st Jun 2020 LPC Help Guide Reference this In-house law team

Jurisdiction / Tag(s): UK Law

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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Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

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