A summary judgment is a procedure that enables the court to determine a claim without the need for a full trial. Under Part 24 of the Civil Procedure Rules (CPR), the court may grant summary judgment if it concludes that one party has no real prospect of succeeding on its claim or defence and there is no other compelling reason for a trial.
For businesses, this can save substantial time, cost, and disruption by avoiding protracted litigation. It also provides a strategic way to resolve disputes early where the issues are clear-cut.
In this article, we explain what summary judgment is and when it may be appropriate to apply for it. We also outline some practical points to bear in mind if you believe this may be the right option for your business.
Summary
This guide covers:
- What is a Summary Judgment?
- When is a Summary Judgment Available?
- Summary Judgment vs Strike-Out: What’s the Difference?
- Time Frames in an Application for Summary Judgment
- Applying for Summary Judgment
- What Orders Can the Court Make?
- Benefits, Risks and Costs of Summary Judgment
- Challenging or Appealing a Summary Judgment
- Things to Be Aware of About Summary Judgment Applications
- How We Can Help
- FAQ
What is a Summary Judgment?
A summary judgment allows a case to be resolved at an early stage without hearing all the evidence at trial. Either a claimant or defendant may apply for summary judgment under CPR 24.2 and 24.3.
Applications are usually made where:
- No defence has been filed
- The opposing party’s position has no real prospect of success
- The issues are narrow and straightforward
- The dispute turns primarily on legal interpretation
- The claim or defence lacks evidential support
This procedure is different from:
- Default Judgment: Automatically available where a defendant fails to respond
- Strike-Out Applications (CPR 3.4): Used to remove defective statements of case
Summary judgment focuses on the substantive merits of the claim or defence.
Example: A company pursuing unpaid invoices may rely on summary judgment where the debtor raises a defence with no factual or documentary basis.
When is Summary Judgment Available?
Summary judgment is available to:
- Defendants: In all types of proceedings
- Claimants: In most claims, except certain residential possession cases and admiralty in rem claims
It is most suitable where:
- Contractual obligations are clear
- Documentary evidence is decisive
- The opponent’s case is speculative or unsupported
- A legal issue is determinative
It is not usually suitable where:
- Witness credibility is central
- There are significant factual disputes
- Extensive expert evidence is needed
- The matter is on the small claims track
Under CPR 24.4, claimants must normally wait until a defence or acknowledgement of service is filed before applying.
‘No Real Prospect of Success’ Test
In deciding whether to allow an application for summary judgment, the court will consider whether:
- The applicant has a case where the other side has no real prospect of success, and
- There is no other compelling reason the case should be allowed to proceed to trial.
Examples of compelling reasons to go to trial may include; where a party has not been able to contact a key witness, where there is a need for further investigation or where legal authority relied upon in the summary judgment is actually the subject of appeal.
The prospect of success must be realistic with ‘some degree of conviction’ – not imaginary or fanciful. The burden of proof is on the party applying for the summary judgment to prove that the other side has no real prospect of success, and there is no other compelling reason for a trial.
You can focus your application for a summary judgment around a point of law and/or the evidence (or lack of it) that can reasonably be expected to be put forward at full trial.
While a court can simply decide to direct that a claim or issue should be summarily dismissed, this is rare.
Summary Judgment vs Strike-Out: What’s the Difference?
Although both aim to dispose of claims early, they are fundamentally different procedures:
| Procedure | CPR Rule | Purpose | Best Used When |
| Summary Judgment | CPR 24 | Decides the case on its merits without trial | Clear, straightforward cases with overwhelming evidence |
| Strike-Out | CPR 3.4 | Removes defective or abusive statements of case | The pleading is legally defective regardless of the evidence |
Strike-out targets the pleading, whereas summary judgment targets the merits.
Time Frames in an Application for Summary Judgment
A claimant generally must wait for an acknowledgement of service or a defence before applying, unless the court gives permission. A defendant, however, can apply at almost any stage, though it is often helpful to file a defence first.
The respondent must receive at least 14 days’ notice of the hearing. They may serve evidence up to 7 days before, and the applicant may serve reply evidence up to 3 days before.
Typical Timeline
- Claim issued
- Defence filed/acknowledgement of service
- Application notice (N244) submitted
- 14 days’ notice to the respondent
- Respondent’s evidence (up to 7 days before hearing)
- Applicant’s reply (up to 3 days before hearing)
- Hearing (typically under half a day)
Most applications are listed within 6-10 weeks.
Applying for Summary Judgment
Although a hearing is still required, it is significantly shorter and more focused than a full trial.
To apply, you must:
- File an N244 application notice with the court fee
- Submit a witness statement explaining why the other side has no real prospect of success
- Attach supporting documentation
- Serve the application on the opposing party
- Prepare bundles and a skeleton argument
- Attend the hearing (usually handled by solicitors or counsel)
No oral evidence is heard; the judge will base their decision on written evidence and submissions.
What Orders Can the Court Make?
Following an application for summary judgment, a court can issue various orders, including:
- judgment,
- striking out the claim,
- dismissing the application or
- imposing a conditional order requiring specific actions.
If the summary judgment application is dismissed, the judge will give directions for the next steps to be taken in the proceedings, and as such, the proceedings will carry on, possibly to a full trial.
Benefits, Risks and Costs of Summary Judgment
Before deciding whether to pursue a summary judgment application, it is important to understand both the advantages it can offer and the potential drawbacks that may arise if the application is unsuccessful. While summary judgment can be a highly effective way to dispose of weak or unmeritorious claims at an early stage, it also carries financial and strategic risks. Businesses should weigh these considerations carefully and, where possible, seek early legal advice to ensure the application is both commercially justified and procedurally sound. The points below outline the key benefits, risks and cost implications of making such an application.
Benefits
- Saves Time: Avoids a lengthy trial process
- Saves Costs: Particularly when made early
- Offers Tactical Advantages: Forces the opponent to clarify their case
- No Need for Witness Attendance: Hearings are based on written evidence
Risks
- High Threshold: For success
- Potential for Delay: While the application is determined
- Costs Exposure: Unsuccessful applicants often pay the opponent’s costs within 14 days
Costs under CPR 44
Even successful applicants may only recover fixed costs, unless the opponent has acted unreasonably.
Challenging or Appealing a Summary Judgment
The court has powers under CPR 24.10 to set aside or vary a summary judgment order, for example, where new evidence emerges or procedural unfairness occurred.
Appeals
Under CPR 52, an unsuccessful party must obtain permission to appeal. Permission will only be granted where the appeal has a real prospect of success, or there is another compelling reason.
Appeal notices must usually be filed within 21 days.
Things to Be Aware of about Summary Judgment Applications
Below are some practical considerations you may want to think about if you do proceed with making a summary judgment application:
- Seek legal advice before diving into legal procedures. We can guide you through the summary judgment process and help you make informed decisions.
- When preparing evidence in support of an application, keep it succinct. There is no need to try and second-guess how the other side will respond. In any event, you will have a chance to reply to whatever they raise.
- Make sure you have observed any relevant pre-action protocol. Otherwise, a judge may not consider your application.
- Be aware that the court will not conduct a ‘mini-trial’ of the issues. It is not the appropriate procedure to consider complex legal or factual issues that need to be investigated at trial. It is better suited to clear-cut cases, where the legal or factual issues are narrow and easily determined, or where you are facing a spurious or misconceived claim.
How We Can Help
There is certainly a lot to think about when considering whether to make an application for summary judgment. Our expert team of dispute resolution lawyers specialise in all types of commercial litigation and can help you determine whether your case is suitable for summary judgment. Contact us today on 0300 303 2071 or email us.
FAQ
What does “no real prospect of success” mean in practice?
It means the court views a claim or defence as unrealistic, weak, or insubstantial. It does not require the applicant to prove they will win at trial, only that the respondent’s case lacks the minimum level of conviction needed to justify a full hearing.
What evidence is required for a summary judgment application?
Your evidence should be focused and concise, typically including:
- A clear witness statement explaining the weaknesses in the opponent’s case
- Key documents (contracts, correspondence, admissions, financial records)
- Legal authorities supporting your position
The court will not examine large volumes of evidence or resolve conflicting testimony at this stage.
Can a defendant apply for summary judgment?
Yes, defendants may apply at any point. Common scenarios include claims that:
- Lacks an evidential foundation
- Misinterpret the law
- Rely on assumptions or speculation
- Fail to establish essential legal elements
Filing a defence first is usually sensible, as it clarifies the issues.
How long does the process take?
Most applications are heard within 6-10 weeks. This varies depending on court availability and whether additional evidence is filed by either side.
What happens at the hearing?
The hearing is usually brief and focused. Key features include:
- No oral evidence or cross-examination
- Reliance entirely on written statements and legal submissions
- Questions from the judge based on the papers
- Judgment is often given on the day or shortly afterwards
Is summary judgment the same as a default judgment?
No:
- Default judgment arises when a defendant does not respond.
- Summary judgment is based on the merits of the claim or defence.
Can the court grant summary judgment on part of a claim?
Yes, the court may decide:
- An entire claim or defence
- Specific issues
- Individual heads of loss
This is useful where some issues are straightforward, but others require trial.
What are the cost consequences?
- Successful applicants may recover fixed costs unless the opponent acted unreasonably.
- Unsuccessful applicants are often ordered to pay the other side’s costs within 14 days.
- Even successful parties may not recover all their costs, due to CPR 44 discretion.
Can summary judgment be appealed?
Yes, with permission under CPR 52. Permission will be granted only if the appeal has:
- A real prospect of success, or
- Another compelling reason
Appeal notices must normally be filed within 21 days.
What if new evidence emerges later?
The court may set aside or vary an order under CPR 24.10 where:
- New material evidence has come to light
- There was procedural unfairness
- The interests of justice require it
However, the threshold is high.
Is summary judgment appropriate for complex cases?
In most cases, no. Matters involving:
- Substantial factual disputes
- Credibility assessments
- Expert evidence is better suited to a trial
Do I need to attend the hearing?
Usually, your solicitors or counsel will attend on your behalf. You may need to attend if you are a litigant in person or if the judge requires clarification.
