68. Grounds for summary judgment
Past version: effective from 30/05/2016 - 29/05/2016
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(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.