Summary Judgment in UK Law

Leading Cases
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001

    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. The simpler the case the easier it is likely to be take that view and resort to what is properly called summary judgment.

  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 July 1996

    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. The distinguishing obligation of a fiduciary is the obligation of loyalty.

  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 October 1999

    It is important that a judge in appropriate cases should make use of the powers contained in Part 24. In doing so he or she gives effect to the overriding objectives contained in Part 1. 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.

  • Langdale v Danby
    • House of Lords
    • 29 July 1982

    In the situation arising on an appeal to the Court of Appeal from a summary judgment, the application of these conditions and perhaps the conditions themselves will require some modification. 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.

  • Easy Air Ltd v Opal Telecom Ltd
    • Chancery Division
    • 08 April 2009

  • AK Investment CJSC v Kyrgyz Mobil Tel Ltd
    • Privy Council
    • 10 March 2011

    First, the claimant must satisfy the court that in relation to the foreign defendant there is a serious issue to be tried on the merits, i.e. a substantial question of fact or law, or both. Third, the claimant must satisfy the court that in all the circumstances the Isle of Man is clearly or distinctly the appropriate forum for the trial of the dispute, and that in all the circumstances the court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

  • ICI Chemicals & Polymers Ltd v TTE Training Ltd
    • Court of Appeal (Civil Division)
    • 13 June 2007

    Sometimes it is possible to show by evidence that although material in the form of documents or oral evidence that would put the documents in another light is not currently before the court, such material is likely to exist and can be expected to be available at trial. However, it is not enough simply to argue that the case should be allowed to go to trial because something may turn up which would have a bearing on the question of construction.

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Legislation
  • Defamation Act 2013
    • UK Non-devolved
    • January 01, 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 ... 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 1998
    ...... Rule 2.9 . . . Meaning of “month” in judgments, etc. . Rule 2.10 . . . Time limits may be varied by parties . Rule ... “summary judgment” is to be interpreted in accordance with Part 24. . (2) A ......
  • Judgment Mortgage (Ireland) Act 1850
    • UK Non-devolved
    • January 01, 1850
    ......have Power to appoint or extend a Receiver in a summary Way, on a Petition at the Instance of such. Person, over any Property of such Judgment Debtor which such Creditor would or could make available. for ......
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • January 01, 1965
    ....... 13. Default of appearance to writ. . 14. Summary judgment. . 15. Causes of action, counterclaims and parties. . 16. Third ......
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Books & Journal Articles
  • 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
    • Nbr. 26-3, June 2019
    • Maastricht Journal of European and Comparative Law
    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 ......
  • Banking litigation strategies after Woolf
    • Nbr. 6-3, March 1998
    • Journal of Financial Regulation and Compliance
    • 211-218
    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 ......
  • Civil ‘Relitigation’ of a Criminal Conviction
    • Nbr. 76-5, October 2012
    • Journal of Criminal Law, The
    ......Keywords. Criminal conviction; Civil procedure; Summary judgment;. Challenge; Abuse of process. The claimant and defendant had ......
  • Standardization and the Production of Justice in Summary Criminal Courts: A Post-Human Analysis
    • Nbr. 28-6, December 2019
    • Social & Legal Studies
    Since the 1980s, successive governments have become increasingly distrustful of professional judgment in those services which remain funded by the state, including the criminal justice system. Agai...
    ......, UK Matt Howard Open University, UK Abstract Since the 1980s, successive governments have become increasingly distrustful of professional judgment in those services which remain funded by the state, including the criminal justice system. Against this background, governments sought to increase ......
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Law Firm Commentaries
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