Summary judgment explained by Hesham Elrafei

Summary judgment explained and simplified by Hesham Elrafei

In the legal system of the United Kingdom, a "summary judgment" is a legal mechanism that allows for the quick resolution of a case without a full trial. Summary judgment may be granted when there is no genuine issue of material fact to be resolved and one party is entitled to judgment as a matter of law. It is most commonly used in civil cases, although its applicability may vary depending on the jurisdiction and the specific rules governing the procedure.

Who Can Make the Application?

In the UK, either the claimant or the defendant can apply for a summary judgment, typically after the claim and defense have been set out in pleadings but before the trial takes place.

Test Applied by the Court

The main test for granting a summary judgment in the UK is outlined in Part 24 of the Civil Procedure Rules. According to Rule 24.2, the court may grant summary judgment on the whole claim or on a particular issue if it considers that:

• The claimant has no real prospect of succeeding on the claim or issue; or
• The defendant has no real prospect of successfully defending the claim or issue.

The court will also consider whether there is any "other compelling reason why the case or issue should be disposed of at a trial."

Procedure

The procedure usually involves the submission of written evidence, and in some instances, oral arguments may also be heard. However, the process is generally much shorter and less complex than a full trial. Parties applying for summary judgment must provide notice to the opposing party, giving them a chance to present their case as well.

Decision

The decision for summary judgment is usually rendered by a single judge. If the application for summary judgment is successful, the case may be resolved entirely or partially, depending on the issues at hand. If unsuccessful, the case generally proceeds to a full trial.