Summary Judgment Help

[jDan123]

Can anyone help with the steps for summary judgement? Can it be done without consent?

[atticus]

Summary Judgement is given when you can persuade the court that the other party's case has no realistic prospect of success. That is a tough test. You need to read Part 24 of the Civil Procedure Rules: https://www.justice.gov.uk/courts/pr...l/rules/part24

What do you mean by consent?

[jDan123]

Summary Judgement is given when you can persuade the court that the other party's case has no realistic prospect of success. That is a tough test. You need to read Part 24 of the Civil Procedure Rules: https://www.justice.gov.uk/courts/pr...l/rules/part24

What do you mean by consent?

Thanks when do serve the defendant the application? Is it 15 days to hearing?

[atticus]

You must give at least 14 days notice.

In practice, do not hold on to an application and supporting statements and serve at the last minute - serve the papers as soon as you have them ready to go.

Are you sure that you can demonstrate that the other party has no realistic prospect of success?

[JK2054]

Thanks when do serve the defendant the application? Is it 15 days to hearing?

If your hearing is only 15 days away, the application is pointless. The application is normally made upon receipt of claim form/defence to save the matter going all the way to trial.

[jDan123]

If the claim is stayed, can I apply to lift the stay and apply for strike-out and summary judgement at the same time?

[atticus]

If this case is stayed, how long has it been stayed? In such a situation, might there be wisdom in leaving matters be?

[jDan123]

If this case is stayed, how long has it been stayed? In such a situation, might there be wisdom in leaving matters be?

I have new facts that are undisputable. However, the delay is cause prejudice. I would appreciate an answer to my question.

[atticus]

My answer is that yes, it may be possible. Take care to weigh up the pros and cons, the latter including the risk of your strategy backfiring.

[jDan123]

My answer is that yes, it may be possible. Take care to weigh up the pros and cons, the latter including the risk of your strategy backfiring.

Many thanks for your help. What is the potential risk in small claims track?

[Pezza54]

Does OP's thread relate to the same case which was the topic of previous threads started by OP late last year?

[atticus]

The potential risk in Small Claims Track is of losing. That may not be obvious to everyone. This means that there is a risk that your application to strike out or for summary judgement fails, the claimant gets its act together and pursues the claim against you to judgement.

I offer no comment on how realistic that risk is.

[jDan123]

The potential risk in Small Claims Track is of losing. That may not be obvious to everyone. This means that there is a risk that your application to strike out or for summary judgement fails, the claimant gets its act together and pursues the claim against you to judgement.

I offer no comment on how realistic that risk is.

What is the cost to lift a stay and apply for a summary judgement and strike out application

[Pezza54]

What is the cost to lift a stay and apply for a summary judgement and strike out application

The court fee is £303 for an application notice without consent from the other party or £119 with consent (EX50 Civil court fees)

[jDan123]

The court fee is £303 for an application notice without consent from the other party or £119 with consent (EX50 Civil court fees)

Would do the service? Myself or the court?