Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

Back to previous page

 

PART 24

SUMMARY JUDGMENT




Contents of this Part
Scope of this Part Rule 24.1
Grounds for summary judgment Rule 24.2
Types of proceedings in which summary judgment is available Rule 24.3
ProcedureRule 24.4Evidence for the purposes of a summary judgment hearing

Rule 24.5
Court's powers when it determines a summary judgment application Rule 24.6

Scope of this Part
     24.1 This Part sets out a procedure by which the court may decide a claim or a particular issue without a trial.

Grounds for summary judgment
    
24.2 The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if - 

    (a) it considers that - 

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

      (ii) that defendant has no real prospect of successfully defending the claim or issue; and

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

(Rule 3.4 makes provision for the court to strike out(GL) a statement of case or part of a statement of case if it appears that it discloses no reasonable grounds for bringing or defending a claim)

Types of proceedings in which summary judgment is available
    
24.3  - (1) The court may give summary judgment against a claimant in any type of proceedings.

    (2) The court may give summary judgment against a defendant in any type of proceedings except - 

Procedure
    
24.4  - (1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed - 

(Rule 10.3 sets out the period for filing an acknowledgment of service and rule 15.4 the period for filing a defence)

    (2) If a claimant applies for summary judgment before a defendant against whom the application is made has filed a defence, that defendant need not file a defence before the hearing.

    (3) Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court's own initiative) must be given at least 14 days' notice of - 

(Part 23 contains the general rules about how to make an application)

(Rule 3.3 applies where the court exercises its powers of its own initiative)

Evidence for the purposes of a summary judgment hearing
    
24.5  - (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must - 

    (2) If the applicant wishes to rely on written evidence in reply, he must - 

at least 3 days before the summary judgment hearing.

    (3) Where a summary judgment hearing is fixed by the court of its own initiative - 

    (4) This rule does not require written evidence - 

Court's powers when it determines a summary judgment application
    
24.6 When the court determines a summary judgment application it may - 

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)



PART 25

INTERIM REMEDIES




Contents of this Part
Orders for interim remedies Rule 25.1
Time when an order for an interim remedy may be made Rule 25.2
How to apply for an interim remedy Rule 25.3
Application for an interim remedy where there is no related claim Rule 25.4
Inspection of property before commencement or against a non-party Rule 25.5
Interim payments - general procedure Rule 25.6
Interim payments - conditions to be satisfied and matters to be taken into ac count Rule 25.7
Powers of court where it has made an order for interim payment Rule 25.8
Restriction on disclosure of an interim payment Rule 25.9
Interim injunction to cease if claim stayed Rule 25.10

Orders for interim remedies
    
25.1  - (1) The court may grant the following interim remedies - 

(Rule 34.2 provides for the court to issue a witness summons requiring a witness to produce documents to the court at the hearing or on such date as the court may direct)

    (2) In paragraph (1)(c) and (g), "relevant property" means property (including land) which is the subject of a claim or as to which any question may arise on a claim.

    (3) The fact that a particular kind of interim remedy is not listed in paragraph (1) does not affect any power that the court may have to grant that remedy.

    (4) The court may grant an interim remedy whether or not there has been a claim for a final remedy of that kind.

Time when an order for an interim remedy may be made
     25.2  - (1) An order for an interim remedy may be made at any time, including - 

(Rule 7.2 provides that proceedings are started when the court issues a claim form)

    (2) However - 

(Part 10 provides for filing an acknowledgment of service and Part 15 for filing a defence)

    (3) Where the court grants an interim remedy before a claim has been commenced, it may give directions requiring a claim to be commenced.

    (4) In particular, the court need not direct that a claim be commenced where the application is made under section 33 of the Supreme Court Act 1981 or section 52 of the County Courts Act 1984 (order for disclosure, inspection etc. before commencement of a claim).

How to apply for an interim remedy
    
25.3  - (1) The court may grant an interim remedy on an application made without notice if it appears to the court that there are good reasons for not giving notice.

    (2) An application for an interim remedy must be supported by evidence, unless the court orders otherwise.

    (3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given.

(Part 3 lists general powers of the court)

(Part 23 contains general rules about making an application)

Application for an interim remedy where there is no related claim
    
25.4  - (1) This rule applies where a party wishes to apply for an interim remedy but - 

    (2) An application under this rule must be made in accordance with the general rules about applications contained in Part 23.

(The following provisions are also relevant - 

  • Rule 25.5 (inspection of property before commencement or against a non-party)

  • Rule 31.16 (orders for disclosure of documents before proceedings start)

  • Rule 31.17 (orders for disclosure of documents against a person not a party))

    Inspection of property before commencement or against a non-party
        
    25.5  - (1) This rule applies where a person makes an application under - 

      (a) section 33(1) of the Supreme Court Act 1981 or section 52(1) of the County Courts Act 1984 (inspection etc. of property before commencement);

      (b) section 34(3) of the Supreme Court Act 1981 or section 53(3) of the County Courts Act 1984 (inspection etc. of property against a non-party).

        (2) The evidence in support of such an application must show, if practicable by reference to any statement of case prepared in relation to the proceedings or anticipated proceedings, that the property - 

      (a) is or may become the subject matter of such proceedings; or

      (b) is relevant to the issues that will arise in relation to such proceedings.

        (3) A copy of the application notice and a copy of the evidence in support must be served on - 

      (a) the person against whom the order is sought; and

      (b) in relation to an application under section 34(3) of the Supreme Court Act 1981 or section 53(3) of the County Courts Act 1984, every party to the proceedings other than the applicant.

    Interim payments - general procedure
        
    25.6  - (1) The claimant may not apply for an order for an interim payment before the end of the period for filing an acknowledgement of service applicable to the defendant against whom the application is made.

    (Rule 10.3 sets out the period for filing an acknowledgement of service)

    (Rule 25.1(1)(k) defines an interim payment)

        (2) The claimant may make more than one application for an order for an interim payment.

        (3) A copy of an application notice for an order for an interim payment must - 

        (4) If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must - 

    at least 7 days before the hearing of the application.

        (5) If the applicant wishes to rely on written evidence in reply, he must - 

        (6) This rule does not require written evidence - 

        (7) The court may order an interim payment in one sum or in instalments.

    (Part 23 contains general rules about applications)

    Interim payments - conditions to be satisfied and matters to be taken into account
        
    25.7  - (1) The court may make an order for an interim payment only if - 

        (2) In addition, in a claim for personal injuries the court may make an order for an interim payment of damages only if - 

        (3) In a claim for personal injuries where there are two or more defendants, the court may make an order for the interim payment of damages against any defendant if - 

      (a) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for substantial damages against at least one of the defendants (even if the court has not yet determined which of them is liable); and

      (b) paragraph (2) is satisfied in relation to each of the defendants.

        (4) The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.

        (5) The court must take into account - 

      (a) contributory negligence; and

      (b) any relevant set-off or counterclaim.

    Powers of court where it has made an order for interim payment
         25.8  - (1) Where a defendant has been ordered to make an interim payment, or has in fact made an interim payment (whether voluntarily or under an order), the court may make an order to adjust the interim payment.

        (2) The court may in particular - 

        (3) The court may make an order under paragraph (2)(c) only if - 

        (4) The court may make an order under this rule without an application by any party if it makes the order when it disposes of the claim or any part of it.

        (5) Where - 

    the court may award him interest on the overpaid amount from the date when he made the interim payment.

    Restriction on disclosure of an interim payment
        
    25.9 The fact that a defendant has made an interim payment, whether voluntarily or by court order, shall not be disclosed to the trial judge until all questions of liability and the amount of money to be awarded have been decided unless the defendant agrees.

    Interim injunction to cease if claim is stayed
        
    25.10 If - 






    Notes


    [28] 1977 c.32; section 4 was amended by the Supreme Court Act 1981 (c.54), section 152(1), Schedule 5; by the County Courts Act 1984 (c.28), section 148(1), Schedule 2, Part V, paragraph 64 and by S.I. 1980/397 (NI3).back

    [29] 1997 c.12.back

    [30] 1981 c. 54. Section 33 was amended by S.I. 1998/ 2940.back

    [31] 1984 c.28. Section 52 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 43 and by S.I. 1998/2940.back

    [32] 1981 c. 54. Section 34 was amended by S.I. 1998/ 2940.back

    [33] 1984 c.28. Section 53 was amended by the Courts and Legal Services Act 1990 (c.41), Schedule 18, paragraph 44 and by S.I. 1998/2940.back

    [34] 1988 c.52. Section 151 was amended by the Road Traffic Act 1991 (c.40), section 83, Schedule 8.back



  •   continue
     
     

      Contents

    Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office

    We welcome your comments on this site
    © Crown copyright 1998
    Prepared 9 February 1999