Application for Part 24 Judgment on the whole of a claim or on a particular issue (rule 24.2)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF 11
Application for Part 24 Judgment on the whole of a claim or on a particular issue (rule 24.2)
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 particular issue, namely (setting out the issue on which judgment is sought)] because
(a) the defendant has no real prospect of successfully defending the claim or issue
or
the claimant has no real prospect of succeeding on the claim or issue
and
(b) there is no other compelling reason why the case or issue should be disposed of at a trial”
“The attention of the respondent is drawn to the provisions of Part 24 of the Civil Procedure Rules and of the Practice Direction supplementing that Part. Under rule 24.5(1), if the respondent wishes to rely on written evidence at the hearing, he must –
(a) file the written evidence; and
(b) serve copies on every other party to the application at least 7 days before the summary judgment hearing.”
Note to the applicant
Under paragraph 2(3) of the Practice Direction to Part 24, the application notice or the evidence contained or referred to in it or served with it must –
(a) identify concisely any point of law or provision in a document on which the applicant relies , and/or
(b) state that it is made because the applicant believes that on the evidence the respondent has no real prospect of succeeding on the claim or issue (as the case may be) or successfully defending the claim or issue to which the application relates,
and in either case state that the applicant knows of no other reason why the disposal of the claim or issue should await trial.
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