If you are involved in a civil dispute in England or Wales, you may have heard the term summary judgment. Simply put, it is a legal procedure that allows the court to decide a case, or part of it, quickly, without the need for a full trial, when one party’s claim or defence has no real chance of success. This can save time, reduce costs, and provide early clarity in disputes.
Understanding what this procedure involves, and when it might apply to your case, can help you make informed decisions about litigation strategy. Whether you are a claimant trying to recover money owed or a defendant facing a claim you believe is unfounded, this guide explains the summary judgment, whether it could apply to your case, and how to approach it effectively in plain terms.
What Is Summary Judgment?
Under Part 24 of the Civil Procedure Rules (CPR 24), a court in England and Wales can grant summary judgment where one party has no real prospect of succeeding on their claim or defence, and there is no other compelling reason for the matter to proceed to trial.
This procedure is a common civil litigation tool used daily in the County Court and High Court. It is not unusual or unfair, it simply allows the court to decide matters efficiently when the evidence and law clearly point one way. For individuals and businesses alike, summary judgment can mean the difference between months of costly litigation and a swift resolution.
The procedure allows the court to decide a claim, defence, or issue at an early stage without the parties having to await trial. The court can decide on:
- The entire claim
- A specific issue, such as liability
- A particular defence or counterclaim
The two-part legal test
Under CPR 24.2, a judge will grant summary judgment if satisfied that:
- The respondent has no real prospect of succeeding on the claim, defence, or issue; and
- There is no other compelling reason for the case, or that issue, to go to trial.
Both limbs must be met before the court will determine the matter summarily.
What does “no real prospect of success” mean?
The phrase “no real prospect of success” has been explained in case law, notably in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch). In practical terms, the respondent’s case must be more than merely fanciful, they need a realistic, arguable position supported by evidence.
The trial judge does not conduct a mini trial at the summary judgment hearing. Instead, the judge assesses written evidence, statements of case, and key documents to determine whether the claim or defence has a real prospect of succeeding at trial. Oral evidence and cross examination are not typically involved at this stage.
Importantly, either party can apply for summary judgment. The claimant might seek to obtain it on an unpaid debt, while a defendant might apply to have a weak claim dismissed. The court can also raise it on its own initiative if it considers that a claim or defence is clearly without merit.
When Is Summary Judgment Available?
Summary judgment is broadly available in civil proceedings before the County Court and High Court. It applies across many dispute types, including:
- Contract and commercial disputes
- Debt claims
- Property and landlord/tenant disputes
- Some professional negligence, defamation cases in civil litigation where reputation is at stake, and personal injury claims where liability is clear
- Construction court matters involving straightforward contractual interpretation
Restrictions for claimants
CPR 24.3(2) places a key restriction on claimants in certain residential possession proceedings. A claimant generally cannot obtain summary judgement against:
- A mortgagor in possession proceedings
- A tenant or former tenant with protected occupancy
- A contract holder holding a secure contract or other protected status
These restrictions protect occupiers from losing their homes without a proper hearing.
Defendant applications
A defendant can usually seek judgement of summary against a claimant in any type of civil proceedings, subject to limited statutory exceptions. If a claim is clearly misconceived or time-barred, the defendant may apply to have it dismissed summarily.
Grounds For Summary Judgment (How The Test Is Applied)
To succeed on an application, the party seeking summary judgment must demonstrate both limbs of the CPR 24.2 test.
No real prospect of succeeding
The applicant believes and must show that the respondent’s case has no real prospect of success. This typically arises where:
- Admissions have already been made in correspondence or filed documents
- The defence is purely speculative or contradicts clear documentary evidence
- A limitation point applies and the claim is clearly out of time under the Limitation Act 1980
- The claim or defence discloses no recognised cause of action
No other compelling reason for a trial
Even if the respondent’s case appears weak, the court may decline to grant summary judgment if there is some other compelling reason for trial. Examples include:
- Allegations of fraud or dishonesty that usually need oral evidence and cross examination
- Complex expert evidence (for example, in clinical negligence or banking litigation) that cannot fairly be decided on documents alone
- Public interest considerations in novel legal issues
- The need to determine disputed facts that affect credibility
Burden of proof
The burden lies on the moving party, the applicant, to satisfy the court that application is appropriate. If the applicant fails to show that the respondent has no real prospect of succeeding, the application will be refused and the case will proceed towards trial.
Timing: When Can You Apply For Summary Judgment?
Understanding summary judgment time limits is essential. CPR 24.4 sets out when each party can apply.
Claimant timing
A claimant usually cannot apply until the defendant has:
- Filed an acknowledgement of service; or
- Filed a defence
However, the court may give permission to apply earlier in appropriate cases.
Defendant timing
A defendant can apply for at any time after:
- Filing an acknowledgement of service; or
- Filing a defence
This allows defendants to challenge weak claims promptly before incurring further litigation costs.
Special rules
- For claims against the Crown (central government departments), applications are usually made after the time for filing a defence has expired
- Some property-related claims, and large-scale disputes suitable for Group Litigation Orders (GLOs) in the UK, permit applications at any time after service of the claim form
- The practice direction accompanying CPR 24 provides further guidance on specialist proceedings
Practical considerations
Applications are typically made at an early stage, often before or alongside filing the directions questionnaire. Applying early:
- Demonstrates that a trial is unnecessary
- Saves court time and party costs
- Avoids lengthy disclosure and witness statement preparation
If you delay and engage in extensive disclosure and evidence exchange, your argument that no trial is needed becomes harder to sustain. The overriding objective of the court rules is to deal with cases justly and at proportionate cost, early applications support this aim.
How To Apply For Summary Judgment (Procedure And Evidence)
The summary judgement application follows a clear procedural path under CPR 24 and the relevant practice direction. Individuals or businesses involved in legal disputes may seek guidance on the procedural steps required, including necessary documentation and timelines.
Step 1: File an application notice
The process starts with an application notice, usually Form N244, clearly marked as an application under CPR 24. The application must specify:
- The order sought (for example, dismissal of the defence, judgement for a specified sum, or a declaration on a particular issue)
- Brief reasons why the opponent has no real prospect of success
- Identification of any specific issues or parts of the claim to be decided summarily
A dispute is genuine if a reasonable jury or judge could find in favour of the non-moving party.
Step 2: Prepare written evidence
The application must be supported by evidence, typically a detailed witness statement. This statement should:
- Set out the relevant facts and attach key documents as exhibits
- Confirm that, in the applicant’s belief, the respondent has no real prospect of succeeding
- Explain why there is no other compelling reason for the case to await trial
A solicitor with conduct of the case often provides this evidence, drawing the respondent’s attention to the documents and facts that support the application.
Step 3: Serve the application and evidence
CPR 24.5 sets out standard deadlines:
| Party | Deadline |
| Applicant’s evidence | At least 7 clear days before the hearing date |
| Respondent’s evidence | At least 3 clear days before the hearing |
| Local court directions may adjust these time limits, so always check the draft order or court directions. |
The applicant must give at least 14 days’ notice of the hearing date. The court will fix a hearing date once the application is issued.
Step 4: The hearing
At the summary judgment hearing:
- The judge hears short oral submissions from both parties
- There is no oral evidence, the judge relies on written evidence and documents
- The judge focuses on whether the respondent has a realistic, arguable case
- The judge does not resolve every factual dispute
If the applicant succeeds, the court will enter judgment. If not, the case continues towards trial. When evaluating evidence, the court must draw all reasonable inferences in favour of the party opposing the motion.
At Axis Solicitors, we prepare robust evidence, draft persuasive witness statements, and represent clients at hearings across England and Wales. Our civil litigation solicitors are experienced in presenting applications clearly and responding effectively to applications made against our clients.
Outcomes Of The Application
The court has several options when deciding a summary judgment application.
If the application succeeds
For a claimant, success typically means:
- Judgment for the sum claimed
- A declaration on liability
- Directions for assessment of damages if quantum is disputed
For a defendant, success typically means:
- The claim (or part of it) is dismissed
- The proceedings on that issue are concluded
Partial summary judgment
The court can grant partial summary judgment, deciding certain issues while leaving others for trial. For example:
- Liability may be determined summarily while damages proceed to trial
- One defendant may be dismissed while claims against another continue
- A particular defence may be struck out while the remaining issues await trial
Partial summary judgement narrows the dispute, saving time and costs on the issues resolved.
If the application is refused
Where the judge finds that the respondent does have a real prospect of success, or that there is some other compelling reason for trial, the application is refused. The court may disregard a non-moving party’s version of facts if it is blatantly contradicted by the record. The case then continues:
- The court may give specific directions about disclosure, expert evidence, or timetables
- The judge may list the matter for a case management conference
- The trial date or window is set in due course
Conditional orders
Sometimes the court makes a conditional order. For example, a defence may be permitted to stand only if the defendant pays money into court or complies with another condition. This approach balances fairness where the defence is weak but not entirely without merit.
Costs Consequences Of Applying For Summary Judgment
Understanding costs is essential before pursuing or defending a summary judgment application and when navigating civil litigation costs more generally. An unsuccessful party is typically ordered to pay the legal costs of the successful party. .
General rule
The usual principle is that the unsuccessful party pays the successful party’s reasonable costs of the application. However, the court has discretion and may make different orders depending on conduct and circumstances.
Types of costs orders
| Order | Meaning |
| Costs in the case | Deferred until the end of proceedings |
| Summarily assessed | Assessed and payable immediately after the hearing |
| Costs in any event | The successful party recovers costs regardless of the final outcome |
| No order as to costs | Each party pays their own costs |
| In straightforward money claims, particularly in the County Court, fixed costs or scale fees may apply. |
Risks of an unsuccessful application
If you apply for summary judgment and fail, you will likely pay your own costs and the opponent’s costs of responding. In complex commercial disputes, courts may criticise tactical or optimistic applications and award costs on an indemnity basis.
Practical example
A business claimant in Manchester applies on an unpaid invoice of £25,000. The defendant has no arguable defence. The judge grants the application, entering judgment for the debt plus interest. The claimant also recovers most of their application costs, making the route far more cost-effective than proceeding to a full trial.
Appeals, Setting Aside And Varying A Summary Judgment Order
If you are unhappy with a summary judgment decision, there are limited options.
Setting aside or varying
A party may ask the same court to vary or set aside an order in circumstances such as:
- Procedural irregularity (for example, the respondent did not receive the application notice)
- New evidence that could not reasonably have been filed earlier
- Obvious injustice in the original decision
Appealing
A party can appeal a summary judgement decision, but permission is required, and the appeal must be filed within a specified timeframe. This can be requested:
- Orally at the end of the hearing; or
- By filing an appellant’s notice (Form N161 or N164) within 21 days of the order
The appeal test mirrors CPR 52.6: the appellant must show a real prospect of success on appeal or some other compelling reason for the appeal to be heard.
Which court hears the appeal?
| Original decision by | Appeal heard by |
| District Judge (County Court) | Circuit Judge |
| High Court Judge | Court of Appeal |
Appeals are subject to strict time limits and a high threshold. If you believe the decision was wrongly granted or refused, seek legal advice promptly and consider the wider UK litigation timeline.
Advantages And Disadvantages Of Seeking Summary Judgement
Before applying for, or resisting, summary judgment, weigh the benefits and risks carefully, ideally as part of a well-prepared civil litigation brief for first-time clients.
Advantages
- Faster resolution: Often months rather than a year or more to trial
- Cost savings: Avoids expensive disclosure, witness statements, and trial preparation
- Early clarity: Helps you understand the strength of your position
- Settlement pressure: May encourage the opponent to negotiate seriously
- Narrowing issues: Partial judgement can simplify what remains in dispute
Disadvantages and risks
- Costs if unsuccessful: You may pay both sides’ application costs
- Judicial perception: The judge may view the case as more complex than you anticipated
- Not suitable for factual disputes: Where credibility or conflicting evidence is central, applications usually fail
- Potential delay: A failed application adds a procedural layer before trial
We encourage clients to assess these factors with a solicitor before deciding. Axis Solicitors provides early case assessments to help you determine the best pathway.
Summary Judgment Vs Strike Out: What Is The Difference?
These two procedures are often confused but serve different purposes.
Summary judgment CPR 24
Asks whether the opponent has a real prospect of success on the evidence. The court considers:
- Statements of case
- Written evidence and documents
- Whether there is a genuine issue requiring trial
Strike out CPR 3.4
Targets claims or defences that:
- Disclose no reasonable grounds for bringing or defending the claim
- Are an abuse of the court’s process
- Fail to comply with court orders or rules
Strike out focuses on the pleadings themselves, not on evidence.
Combined applications
Solicitors often combine applications for both strike out and summary judgement in the same N244. The court can consider each limb separately. The consequences, judgement or dismissal, can be similar, but the legal tests differ.
Practical Tips for Applicants & Defendents
For applicants
- Stress-test your case honestly: are there factual disputes that genuinely require cross examination?
- Check whether the case turns mainly on a point of law or contract interpretation, these are better suited to summary resolution
- Ensure your evidence is properly filed and served within the CPR deadlines
- Prepare a clear draft order setting out exactly what you seek
For defendants
- Act quickly, review the application notice and applicant’s evidence immediately
- Prepare a focused witness statement explaining why your case does have a real prospect of success
- Do not simply re-argue the pleadings; provide evidence addressing the specific points raised
- Attend the hearing, non-attendance can result in judgement being entered against you
General guidance
- Comply with the 7-day and 3-day evidence deadlines
- Draw the respondent’s attention to any documents supporting your position
- Consider whether the opponent has behaved unreasonably in failing to engage with settlement
- Remember that the judge cannot resolve disputed factual issues on a summary application
At Axis Solicitors, we review court papers at short notice and advise whether applying for, or resisting the right strategy for your case.
Prepare Your Application for Summary Judgment with Axis Solicitors
Axis Solicitors has extensive experience in civil litigation, including debt and contract claims, property and housing disputes, and professional and clinical negligence matters where summary judgement may arise. We advise both claimants and defendants across England and Wales, with Axis Solicitors London providing client-focused, results-driven representation, offices in Manchester and Birmingham, and remote support available nationwide. .
Our services include
- Early merits review: Assessing the realistically achievable solution for your case
- Application preparation: Drafting the application notice, witness statements, and supporting evidence
- Representation: Appearing at hearings and any related appeal
- Defence: Responding to applications made against you with focused evidence and submissions
- Strategic advice: Helping you decide whether to apply, defend, or negotiate settlement
Whether you are pursuing a straightforward debt claim or defending a complex commercial dispute, our civil litigation solicitors provide clear, practical guidance tailored to your circumstances.
Request a consultation with a civil litigation solicitor today or call Axis Solicitors for prompt advice on summary judgment in your dispute.
