Keeping The Woolf From Your Door - Part 8

Summary Judgment
A Claimant or the Defendant can apply for Summary Judgment. Also the court has power to order Summary Judgment of it's own initiative. A Claimant cannot apply until the Defendant has filed the Acknowledgment of Service or Defence or unless the court gives permission.

Summary Judgment will be made if:

1. The court considers the Claimant has no real prospects of succeeding, or

2. The Defendant has no real prospect of successfully defending the action, and

3. There is no other reason why the case should be disposed of at trial.

The court can dismiss the claim or give judgment.

Judgment In Default
Judgment in default can be applied for where a Defendant has failed to:

1. File an Acknowledgment of Service, or

2. File a Defence.

Judgment in default cannot be applied for if the procedure under Part 8 (deciding a specific issue) is being used or the Claim involves an agreement under the Consumer Credit Act 1974 or is a Claim for money secured by mortgage or is probate proceedings.

It also does not apply to some proceedings such as, admiralty proceedings or Claims for provisional damages.

The court must be satisfied that the Particulars of Claim have been served and no Acknowledgment of Service has been filed and the Claim has not been satisfied and the Defendant has not returned an admission to the Claimant.

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