Which CPR Part governs summary judgments?

Which CPR Part governs summary judgments?

• A. Part 20
• B. Part 11
• C. Part 24
• D. Part 26

Answer: (C)

Part 24 is where summary judgments live. A summary judgment is a way to decide a claim without a full trial when there’s no real prospect that the other side can succeed, or that their defense has a real prospect of success. In other words, if the evidence shows that the case can be resolved on the papers alone, the court can dispose of the claim entirely or in part without going to trial. To use this route, you test the evidence against the standard that there is no real prospect of success for the claim or for the defense. If the court is satisfied on the papers (or after a short short hearing) that there is no real issue that requires a trial, it may grant an order for summary judgment, or for partial summary judgment, or even strike out part of the claim. The party seeking summary judgment must provide a clear, evidential case, and the other side can respond by showing there is at least a real issue to be tried. Other CPR parts deal with different topics: for example, Part 11 covers statements of case, Part 20 concerns counterclaims and set-offs, and Part 26 relates to small claims. So the rule about when you can dispose of a claim without a full trial sits specifically in Part 24.

Part 24 is where summary judgments live. A summary judgment is a way to decide a claim without a full trial when there’s no real prospect that the other side can succeed, or that their defense has a real prospect of success. In other words, if the evidence shows that the case can be resolved on the papers alone, the court can dispose of the claim entirely or in part without going to trial.

To use this route, you test the evidence against the standard that there is no real prospect of success for the claim or for the defense. If the court is satisfied on the papers (or after a short short hearing) that there is no real issue that requires a trial, it may grant an order for summary judgment, or for partial summary judgment, or even strike out part of the claim. The party seeking summary judgment must provide a clear, evidential case, and the other side can respond by showing there is at least a real issue to be tried.

Other CPR parts deal with different topics: for example, Part 11 covers statements of case, Part 20 concerns counterclaims and set-offs, and Part 26 relates to small claims. So the rule about when you can dispose of a claim without a full trial sits specifically in Part 24.