• PART 9 PART 9 — Summary Judgment

    • 68. Grounds for summary judgment

      (1) The Court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if it considers —
      (a) that the claimant has no real prospect of succeeding on the claim or issue; or
      (b) that defendant has no real prospect of successfully defending the claim or issue; and
      (c) that there is no other compelling reason why the case or issue should be disposed of at trial.
      (2) An application for summary judgment may be made in accordance with the provisions in Part 8.
      (3) A claimant may not apply for summary judgment until the defendant against whom summary judgment is sought has filed an acknowledgment of service unless the Court gives permission, or a rule or relevant practice direction provides otherwise.
      (4) 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 summary judgment hearing.

    • 69. Evidence for the purpose of a summary judgment hearing

      (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must file the written evidence and serve a copy on every other party to the proceedings at least 7 days before the summary judgment hearing.
      (2) If the applicant wishes to rely on written evidence in reply, he must file the written evidence and serve a copy on every other party to the proceedings at least 3 days before the summary judgment hearing.
      (3) This rule does not require written evidence to be filed if it has already been filed; or to be served on a party on whom it has already been served.

    • 70. Court's power when it determines a summary judgment application

      When the Court determines a summary judgment application, it may give directions as to the filing and service of a defence and give further directions about the management of the case.