Summary Judgment in UK Law
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
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For example, it may be clear as a matter of law at the outset that even if a party were to succeed in proving all the facts that he offers to prove he will not be entitled to the remedy that he seeks. In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based.
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Bristol and West Building Society v Mothew
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A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal.
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Swain v Hillman
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It is important that a judge in appropriate cases should make use of the powers contained in Part 24. It saves expense; it achieves expedition; it avoids the court's resources being used up on cases where this serves no purpose, and I would add, generally, that it is in the interests of justice. If a claimant has a case which is bound to fail, then it is in the claimant's interests to know as soon as possible that that is the position.
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ICI Chemicals & Polymers Ltd v TTE Training Ltd
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It is not uncommon for an application under Part 24 to give rise to a short point of law or construction and, if the court is satisfied that it has before it all the evidence necessary for the proper determination of the question and that the parties have had an adequate opportunity to address it in argument, it should grasp the nettle and decide it.
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Easy Air Ltd v Opal Telecom Ltd
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Langdale v Danby
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It may well be that the standard of diligence required of a defendant preparing his case in opposition to a summons for summary judgment, especially if under pressure of time, will not be so high as that required in preparing for trial.
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Johnson v Gore Wood & Company (A Firm)
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That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.
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Defamation Act 2013
... ... , the publication of a fair and accurate copy of, extract from or summary of the statement or assessment is also privileged ... (6) A publication ... 2013/3027, art. 2 ... Summary of court judgment ... 12: Power of court to order a summary of its judgment to be published ... ...
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The Civil Procedure (Amendment) Rules 2013
... ... (ii) enforcement of a default judgment other than by a warrant of execution is requested, ... whichever occurs ... “summary assessment” means the procedure whereby costs are assessed by the judge ... ...
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Civil Procedure Rules 1998
... ... of value” is to be interpreted in accordance with rule 16.3;“summary judgment” is to be interpreted in accordance with Part 24 ... (2) A ... ...
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Rules of the Supreme Court (Revision) 1965
... ... 13. Default of appearance to writ ... 14. Summary judgment ... 15. Causes of action, counterclaims and parties ... 16 ... ...
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The Weiss judgment: The Court’s further clarification of the ECB’s legal framework: Case C-493/17 Weiss and others, EU:C:2018:1000
In December 2018, the Grand Chamber of the European Court of Justice delivered its judgment in the Weiss case. This case is the most recent development in the Euro crisis case law. The financial cr...... ... This contribution will first provide the background of the case and of the Euro crisis, then continue by giving a short summary and analyses of the Opinion of the Advocate General and the judgment of the Court. Finally, a reflection will be given on the Weiss case. As the ... ...
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Fixed Costs on Entry of Judgment (CPR 45.4)
... ... Judgment on admission of whole or part and the court decides the date or times of payment ... £55 (£70) ... Summary" judgment or case struck out £175 (£210) ... \xC2" ... ...
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Banking litigation strategies after Woolf
This paper considers the issues facing banks who become engaged in litigation and the strategies and procedures available to obtain the most effective solutions. How these will be affected by the r...... ... THE PRINCIPAL MEANS OF OBTAINING JUDGMENT Banks can become involved in litigation in, very broadly, two ways: first, ... The principal way to obtain a rapid judg-ment is summary judgment under RSC O14 or judgment under O14A. O14 is pri-marily concerned ... ...
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Civil ‘Relitigation’ of a Criminal Conviction
... ... Criminal conviction; Civil procedure; Summary judgment; ... Challenge; Abuse of process ... The claimant and defendant ... ...
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Professional negligence - High Court grants summary judgment on limitation grounds
In Capita ATL Pension Trustees Ltd and others v. Sedgwick Financial Services Ltd and others [2016] EWHC 214 (Ch) Mrs Justice Proudman, sitting in the Chancery Division of the High Court, granted th...
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- Enforcing English Judgments Overseas: Judgment In Default v Summary Judgment
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Application for Part 24 Judgment on the whole of a claim or on a particular issue (rule 24.2)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... Parties should use form N244 and include in paragraph 3 the following: ... “An order for summary judgment under Part 24 against (name of the defendant or the claimant against whom judgment is sought) [on the whole of the claim] or [on a ... ...
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Part 24 - Judgment for defendant
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... Claimant ... Defendant ... UPON THE APPLICATION by the defendant by application notice dated ... for summary judgment under Part 24 on the [claim] or [(set out the issue on which judgment is sought)] ... [AND UPON HEARING ... ] ... AND ... ...
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Order under Part 24 for detailed assessment of solicitor's bill of costs and for judgment on the amount found due thereunder
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... UPON THE APPLICATION by the claimant by application notice dated ... for detailed assessment of his bill of costs and for summary judgment on the amount found due thereunder ... [AND UPON HEARING ... ] ... AND UPON READING the written evidence filed ... ... ...
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Case management information sheet
Technology and Construction Court forms including the case management information form.... ... For hearing on ... If Yes, what for? ... (e.g. summary judgment, ... add another party) ... So far as you know at this stage, ... ...