Overview

Here, we present an in-depth briefing on summary judgment. This is a procedure in which a party to an action (or the court, of its own accord) can apply for an early determination of all or part of a claim without the need for a full trial.

There is still a court hearing but it is greatly simplified. For example, there is no expert evidence or cross examination of witnesses. The summary judgment procedure can only be used in certain claims, in which it can be argued that:

- a claim or defence has no real prospect of succeeding at trial, on either the entire case or a particular issue; or

- there is no other compelling reason why the case or issue should proceed to trial.

A ‘real prospect of success’ means there is more than just an arguable case: it must actually have a reasonable chance of winning. However, even if the application is not successful, in some circumstances it may still offer a tactical advantage, because in preparing for the application, the responding party will be forced to set out its position and evidence earlier than usual.

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