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A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (25th edn)

Stuart Sime
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date: 26 February 2024

p. 27424. Summary Judgmentlocked

p. 27424. Summary Judgmentlocked

  • Stuart SimeStuart SimeAssociate Dean and Head of Department, The City Law School, City, University of London


Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.

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